|
|
|
State Law
Federal Law
|
New York Criminal Procedure Law Section 60.45 - Rules Of Evidence; Admissibility Of Statements Of Defendants.Legal Research Home > New York Lawyer > Criminal Procedure > New York Criminal Procedure Law Section 60.45 - Rules Of Evidence; Admissibility Of Statements Of Defendants.
§ 60.45 Rules of evidence; admissibility of statements of defendants.
1. Evidence of a written or oral confession, admission, or other
statement made by a defendant with respect to his participation or lack
of participation in the offense charged, may not be received in evidence
against him in a criminal proceeding if such statement was involuntarily
made.
2. A confession, admission or other statement is "involuntarily made"
by a defendant when it is obtained from him:
(a) By any person by the use or threatened use of physical force upon
the defendant or another person, or by means of any other improper
conduct or undue pressure which impaired the defendant's physical or
mental condition to the extent of undermining his ability to make a
choice whether or not to make a statement; or
(b) By a public servant engaged in law enforcement activity or by a
person then acting under his direction or in cooperation with him:
(i) by means of any promise or statement of fact, which promise or
statement creates a substantial risk that the defendant might falsely
incriminate himself; or
(ii) in violation of such rights as the defendant may derive from the
constitution of this state or of the United States.
New York Lawyers
Last modified: July 30, 2006 |