N.Y. Fam. Ct. Act § 343.4
Rules of evidence; identification by means of previous recognition, in addition to present identification
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2018
As of January 1, 2015
§ 343.4. Rules of evidence; identification by means of previous\nrecognition, in addition to present identification. In any juvenile\ndelinquency proceeding in which the respondent's commission of a crime\nis in issue, a witness who testifies that: (a) he observed the person\nclaimed by the presentment agency to be the respondent either at the\ntime and place of the commission of the crime or upon some other\noccasion relevant to the case, and (b) on the basis of present\nrecollection, the respondent is the person in question, and (c) on a\nsubsequent occasion he observed the respondent, under circumstances\nconsistent with such rights as an accused person may derive under the\nconstitution of this state or of the United States, and then also\nrecognized him as the same person whom he had observed on the first or\nincriminating occasion, may, in addition to making an identification of\nthe respondent at the delinquency proceeding on the basis of present\nrecollection as the person whom he observed on the first or\nincriminating occasion, also describe his previous recognition of the\nrespondent and testify that the person whom he observed on such second\noccasion is the same person whom he had observed on the first or\nincriminating occasion. Such testimony constitutes evidence in chief.\n
§ 343.4. Rules of evidence; identification by means of previous\nrecognition, in addition to present identification. In any juvenile\ndelinquency proceeding in which the respondent's commission of a crime\nis in issue, a witness who testifies that: (a) he or she observed the\nperson claimed by the presentment agency to be the respondent either at\nthe time and place of the commission of the crime or upon some other\noccasion relevant to the case, and (b) on the basis of present\nrecollection, the respondent is the person in question, and (c) on a\nsubsequent occasion he or she observed the respondent, or, where the\nobservation is made pursuant to a blind or blinded procedure, a\npictorial, photographic, electronic, filmed or video recorded\nreproduction of the respondent under circumstances consistent with such\nrights as an accused person may derive under the constitution of this\nstate or of the United States, and then also recognized him or her or\nthe pictorial, photographic, electronic, filmed or video recorded\nreproduction of him or her as the same person whom he or she had\nobserved on the first or incriminating occasion, may, in addition to\nmaking an identification of the respondent at the delinquency proceeding\non the basis of present recollection as the person whom he or she\nobserved on the first or incriminating occasion, also describe his or\nher previous recognition of the respondent and testify that the person\nwhom he or she observed or whose pictorial, photographic, electronic,\nfilmed or video recorded reproduction he or she observed on such second\noccasion is the same person whom he or she had observed on the first or\nincriminating occasion. Such testimony and such pictorial, photographic,\nelectronic, filmed or video recorded reproduction constitutes evidence\nin chief. For purposes of this section, a "blind or blinded procedure"\nshall be as defined in paragraph (c) of subdivision one of section 343.3\nof this part.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.