Laws of New York (Last Updated: November 21, 2014) |
FCT Family Court |
Article 3. JUVENILE DELINQUENCY |
Part 4. THE FACT-FINDING HEARING |
Section 343.4. Rules of evidence; identification by means of previous recognition, in addition to present identification
Latest version.
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In any juvenile delinquency proceeding in which the respondent's commission of a crime is in issue, a witness who testifies that: (a) he observed the person claimed by the presentment agency to be the respondent either at the time and place of the commission of the crime or upon some other occasion relevant to the case, and (b) on the basis of present recollection, the respondent is the person in question, and (c) on a subsequent occasion he observed the respondent, 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 respondent at the delinquency 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 respondent 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.