This text of New York § 335.2 (Notice of alibi) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 335.2. Notice of alibi. 1. At any time not more than fifteen days\nafter the conclusion of the initial appearance and before the\nfact-finding hearing the presentment agency may serve upon the\nrespondent and file a copy thereof with the court, a demand that if the\nrespondent intends to offer a defense that at the time of the commission\nof the crime charged he was at some place or places other than the scene\nof the crime, and to call witnesses in support of such defense, he must\nwithin ten days of service of such demand, serve upon such agency, and\nfile a copy thereof with the court, a "notice of alibi", reciting;
(a)\nthe place or places where the respondent claims to have been at the time\nin question, and (b) the names, the residential addresses, the places of\nemployment and t
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§ 335.2. Notice of alibi. 1. At any time not more than fifteen days\nafter the conclusion of the initial appearance and before the\nfact-finding hearing the presentment agency may serve upon the\nrespondent and file a copy thereof with the court, a demand that if the\nrespondent intends to offer a defense that at the time of the commission\nof the crime charged he was at some place or places other than the scene\nof the crime, and to call witnesses in support of such defense, he must\nwithin ten days of service of such demand, serve upon such agency, and\nfile a copy thereof with the court, a "notice of alibi", reciting; (a)\nthe place or places where the respondent claims to have been at the time\nin question, and (b) the names, the residential addresses, the places of\nemployment and the addresses thereof of every such alibi witness upon\nwhom he intends to rely. For good cause shown, the court may extend the\nperiod for service of the notice.\n 2. Within a reasonable time after receipt of the respondent's witness\nlist but not later than ten days before the fact-finding hearing, the\npresentment agency must serve upon the respondent and file a copy\nthereof with the court, a list of witnesses such agency proposes to\noffer in rebuttal to discredit the respondent's alibi at the trial\ntogether with the residential addresses, the places of employment and\nthe addresses thereof of any such rebuttal witnesses. A witness who will\ntestify that the respondent was at the scene of the crime is not such an\nalibi rebuttal witness. For good cause shown, the court may extend the\nperiod for service.\n 3. If at the trial the respondent calls such an alibi witness without\nhaving served the demanded notice of alibi, or if having served such a\nnotice he calls a witness not specified therein, the court may exclude\nany testimony of such witness relating to the alibi defense. The court\nmay in its discretion receive such testimony, but before doing so, it\nmust, upon application of the presentment agency, grant a reasonable\nadjournment.\n 4. Similarly, if the presentment agency fails to serve and file a list\nof any rebuttal witnesses, the provisions of subdivision three shall\nreciprocally apply.\n 5. Both the respondent and the presentment agency shall be under a\ncontinuing duty to promptly disclose the names and addresses of\nadditional witnesses which come to the attention of either party\nsubsequent to filing his witness list as provided in this section.\n