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New York Family Court - Part 3 - § 335.2 Notice of Alibi

Legal Research Home > New York Laws > New York Family Court (FCT) > New York Family Court - Part 3 - § 335.2 Notice of Alibi

 
    §  335.2.  Notice  of alibi. 1. At any time not more than fifteen days
  after  the  conclusion  of  the  initial  appearance  and   before   the
  fact-finding   hearing   the  presentment  agency  may  serve  upon  the
  respondent and file a copy thereof with the court, a demand that if  the
  respondent intends to offer a defense that at the time of the commission
  of the crime charged he was at some place or places other than the scene
  of  the crime, and to call witnesses in support of such defense, he must
  within ten days of service of such demand, serve upon such  agency,  and
  file  a  copy thereof with the court, a "notice of alibi", reciting; (a)
  the place or places where the respondent claims to have been at the time
  in question, and (b) the names, the residential addresses, the places of
  employment and the addresses thereof of every such  alibi  witness  upon
  whom  he intends to rely. For good cause shown, the court may extend the
  period for service of the notice.
    2. Within a reasonable time after receipt of the respondent's  witness
  list  but  not  later than ten days before the fact-finding hearing, the
  presentment agency must serve  upon  the  respondent  and  file  a  copy
  thereof  with  the  court,  a  list of witnesses such agency proposes to
  offer in rebuttal to discredit  the  respondent's  alibi  at  the  trial
  together  with  the  residential addresses, the places of employment and
  the addresses thereof of any such rebuttal witnesses. A witness who will
  testify that the respondent was at the scene of the crime is not such an
  alibi rebuttal witness. For good cause shown, the court may  extend  the
  period for service.
    3.  If at the trial the respondent calls such an alibi witness without
  having served the demanded notice of alibi, or if having served  such  a
  notice  he  calls a witness not specified therein, the court may exclude
  any testimony of such witness relating to the alibi defense.  The  court
  may  in  its  discretion receive such testimony, but before doing so, it
  must, upon application of the presentment  agency,  grant  a  reasonable
  adjournment.
    4. Similarly, if the presentment agency fails to serve and file a list
  of  any  rebuttal  witnesses,  the provisions of subdivision three shall
  reciprocally apply.
    5. Both the respondent and the presentment agency  shall  be  under  a
  continuing  duty  to  promptly  disclose  the  names  and  addresses  of
  additional witnesses  which  come  to  the  attention  of  either  party
  subsequent to filing his witness list as provided in this section.

Last modified: February 18, 2012