2006 New York Code - Rules Of Evidence; Identification By Means Of Previous Recognition, In Addition To Present Identification.



 
    §  343.4.  Rules  of  evidence;  identification  by  means of previous
  recognition, in addition to  present  identification.  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.

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