Hearsay is generally admissible in a VOP
hearing
State v. Mosley App. Div.
Hearsay is generally admissible in a VOP
hearing. When assessing the State’s ability to rely on hearsay to satisfy its
proof obligation without contravening a defendant’s due process rights, a court
fundamentally should consider the State’s reasons for relying on hearsay forms
of evidence and the reliability of the evidence for its proposed purpose. In
this matter, the State failed to provide any justification for relying on
hearsay, and the hearsay evidence was not sufficiently reliable for its
asserted purpose of substantiating the new criminal charges against defendant. A-24-16;