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New York Criminal Procedure Law Section 60.30 - Rules Of Evidence; Identification By Means Of Previous Recognition, In Addition To Present Identification.Legal Research Home > New York Lawyer > Criminal Procedure > New York Criminal Procedure Law Section 60.30 - Rules Of Evidence; Identification By Means Of Previous Recognition, In Addition To Present Identification.
§ 60.30 Rules of evidence; identification by means of previous
recognition, in addition to present identification.
In any criminal proceeding in which the defendant's commission of an
offense is in issue, a witness who testifies that (a) 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 (b) on the basis of present recollection, the
defendant is the person in question and (c) on a subsequent occasion he
observed the defendant, under circumstances consistent with such rights
as an accused person may derive under the constitution of this state or
of the United States, and then also recognized him as the same person
whom he had observed on the first or incriminating occasion, may, in
addition to making an identification of the defendant at the criminal
proceeding on the basis of present recollection as the person whom he
observed on the first or incriminating occasion, also describe his
previous recognition of the defendant and testify that the person whom
he observed on such second occasion is the same person whom he had
observed on the first or incriminating occasion. Such testimony
constitutes evidence in chief.
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Last modified: July 30, 2006 |