New York Criminal Procedure Law Section 60.25 - Rules Of Evidence; Identification By Means Of Previous Recognition, In Absence Of Present Identification.

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    § 60.25    Rules  of  evidence;  identification  by  means  of previous
            recognition, in absence of present identification.
    1.  In any criminal proceeding in which the defendant's commission  of
  an  offense is in issue, testimony as provided in subdivision two may be
  given by a witness when:
    (a)  Such witness testifies that:
    (i)  He observed the person claimed by the people to be the  defendant
  either  at  the  time and place of the commission of the offense or upon
  some other occasion relevant to the case; and
    (ii)   On a  subsequent  occasion  he  observed,  under  circumstances
  consistent  with  such  rights as an accused person may derive under the
  constitution of this state or of the United States,  a  person  whom  he
  recognized  as  the  same  person  whom  he had observed on the first or
  incriminating occasion; and
    (iii)   He is unable at the proceeding  to  state,  on  the  basis  of
  present  recollection,  whether  or  not  the defendant is the person in
  question; and
    (b)  It is established that the defendant is in fact the  person  whom
  the  witness  observed and recognized on the second occasion.  Such fact
  may be established by testimony of another person or persons to whom the
  witness promptly declared his recognition on such occasion.
    2.  Under circumstances prescribed in subdivision  one,  such  witness
  may  testify at the criminal proceeding that the person whom he observed
  and recognized on the  second  occasion  is  the  same  person  whom  he
  observed  on  the  first  or  incriminating  occasion.   Such testimony,
  together with the evidence that the defendant is in fact the person whom
  the witness observed and recognized on the second occasion,  constitutes
  evidence in chief.

Last modified: July 30, 2006