Your question isn't very clear, but I think you're asking, "does a judge who is presiding over a parole (or probation?) revocation hearing have all of the evidence that is in the possession of the police?"
If that is the question, then I guess I can answer it in two different ways.
In general, the judge, prior to trial, will only have the evidence that is filed with the court, like affidavits that support the charging instrument (i.e. indictment, misdemeanor information, etc.) but will be told about a lot of the evidence by the prosecutor in an pretrial conferences and hearings.
If you're talking about a probation revocation hearing, then the prosecutor will be the an assistant in county of where the crime for which you are on probation took place. The counties usually work very closely with local police and will know all of the evidence.
If you're talking about a PAROLE revocation hearing, then typically you will have a parole hearing in the county where the parole warrant was executed, and it will be prosecuted by the NYS department of parole (now it's the department of community supervision). The state officials and the county officials work less closely with each other, and as a result I have seen parole hearings decided on less than all of the evidence.
If you were not asking either of those questions, I apologize..... please ask again.
I'm not exactly sure what your question is but if ultimately if the trier of fact is the judge then s/he would have to be provided with sufficient evidence if the wish to revoke you.
The Judge will have whatever evidence the person prosecuting the case and the defense lawyer chose to present.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at [email protected] The above answer is for informational purposes only and not meant as legal advice.
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