Matter of Sandlers v Martuscello

Holding The court granted the Article 78 petition, ordering a stay of the parole revocation final hearing until the criminal court resolves the petitioner’s motion to suppress evidence. The court held that the exclusionary rule applies to parole revocation hearings under New York law, requiring the Board of Parole to adjourn proceedings when a criminal case is pending and the releasee seeks to suppress evidence.

The court’s words

The proper procedure to be followed where there is a criminal proceeding pending and a parolee seeks to suppress evidence at a parole revocation hearing would be for the Board of Parole to adjourn the hearing pending the determination of the parolee's application to the court for an order to suppress

90 Misc 3d 256, at the official text

the Court finds that Victory controls and Piccarillo is still good law

90 Misc 3d 256, at the official text

the better course, where the person seeking to suppress evidence has informed the Board of Parole of their desire to have certain evidence suppressed but must wait for the appropriate procedural posture in the criminal proceeding where the action is pending, is for the parole revocation hearing to be adjourned pending resolution of the motion to suppress

90 Misc 3d 256, at the official text