§ 60.30 — Rules of evidence; identification by means of previous recognition, in addition to present identification

New York § 60.30

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title D: Rules of Evidence, Standards of Proof and Related Matters
• Part 1: General Provisions
• Art. 60: Rules of Evidence and Related Matters

Text

§ 60.30 Rules of evidence; identification by means of previous\n recognition, in addition to present identification.\n In any criminal proceeding in which the defendant's commission of an\noffense is in issue, a witness who testifies that (a) he or she observed\nthe person claimed by the people to be the defendant either at the time\nand place of the commission of the offense or upon some other occasion\nrelevant to the case, and (b) on the basis of present recollection, the\ndefendant is the person in question and (c) on a subsequent occasion he\nor she observed the defendant, or where the observation is made pursuant\nto a blind or blinded procedure, as defined in paragraph (c) of\nsubdivision one of section 60.25 of this article, a pictorial,\nphotographic, electronic, filmed or video recorded reproduction of the\ndefendant, under circumstances consistent with such rights as an accused\nperson may derive under the constitution of this state or of the United\nStates, and then also recognized him or her or the pictorial,\nphotographic, electronic, filmed or video recorded reproduction of him\nor her as the same person whom he or she had observed on the first or\nincriminating occasion, may, in addition to making an identification of\nthe defendant at the criminal proceeding on the basis of present\nrecollection as the person whom he or she observed on the first or\nincriminating occasion, also describe his or her previous recognition of\nthe defendant and testify that the person whom he or she observed or\nwhose pictorial, photographic, electronic, filmed or video recorded\nreproduction he or she observed on such second occasion is the same\nperson whom he or she had observed on the first or incriminating\noccasion. Such testimony and such pictorial, photographic, electronic,\nfilmed or video recorded reproduction constitutes evidence in chief.\n