Matter of Dukes v. N.Y. State Bd. of Parole

Full title: In the Matter of BARRY DUKES, Petitioner, v. NEW YORK STATE BOARD OF…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 19, 1993

189 A.D.2d 681 (N.Y. App. Div. 1993)

592 N.Y.S.2d 374

Opinion

January 19, 1993

Appeal from the Supreme Court, New York County [Seymour Schwartz, J.].

Respondent's determination that petitioner violated a condition of parole by being in possession of stolen property is supported by a preponderance of the evidence (Executive Law § 259-i [f] [viii]), including the arresting officer's testimony that he observed petitioner remove boards of lumber from a lumber yard and that he was informed by representatives of the lumber yard that petitioner did not have permission to do so. We note that the "`legal residuum rule'" urged by petitioner is no longer followed (Matter of Eagle v. Paterson, 57 N.Y.2d 831, 833).

Concur — Sullivan, J.P., Wallach, Kupferman and Kassal, JJ.