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 [3] [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...
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