60.76 – Rules of Evidence; Rape Crisis Counselor Evidence in Certain Cases.
§ 60.76 Rules of evidence; rape crisis counselor evidence in certain cases. Where disclosure of a communication which would have been privileged pursuant to section forty-five hundred ten of the civil practice law and rules is sought on the grounds that the privilege has been waived or that disclosure is required pursuant to the constitution […]
65.00 – Definitions.
* § 65.00 Definitions. As used in this article: 1. “Child witness” means a person fourteen years old or less who is or will be called to testify in a criminal proceeding, other than a grand jury proceeding, concerning an offense defined in article one hundred thirty of the penal law or section 255.25, 255.26 […]
65.10 – Closed-Circuit Television; General Rule; Declaration of Vulnerability.
* § 65.10 Closed-circuit television; general rule; declaration of vulnerability. 1. A child witness shall be declared vulnerable when the court, in accordance with the provisions of section 65.20, determines by clear and convincing evidence that it is likely that such child witness will suffer serious mental or emotional harm if required to testify at […]
70.10 – Standards of Proof; Definitions of Terms.
§ 70.10 Standards of proof; definitions of terms. The following definitions are applicable to this chapter: 1. “Legally sufficient evidence” means competent evidence which, if accepted as true, would establish every element of an offense charged and the defendant’s commission thereof; except that such evidence is not legally sufficient when corroboration required by law is […]
70.20 – Standards of Proof for Conviction.
§ 70.20 Standards of proof for conviction. No conviction of an offense by verdict is valid unless based upon trial evidence which is legally sufficient and which establishes beyond a reasonable doubt every element of such offense and the defendant’s commission thereof.
60.48 – Rules of Evidence; Admissibility of Evidence of Victim’s Manner of Dress in Sex Offense Cases.
§ 60.48 Rules of evidence; admissibility of evidence of victim’s manner of dress in sex offense cases. Evidence of the manner in which the victim was dressed at the time of the commission of an offense may not be admitted in a prosecution for any offense, or an attempt to commit an offense, defined in […]
60.49 – Possession of Opioid Antagonists; Receipt Into Evidence.
§ 60.49 Possession of opioid antagonists; receipt into evidence. 1. Evidence that a person was in possession of an opioid antagonist may not be admitted at any trial, hearing or other proceeding in a prosecution for any offense under sections 220.03, 220.06, 220.09, 220.16, 220.18, or 220.21 of the penal law for the purpose of […]
60.50 – Rules of Evidence; Statements of Defendants; Corroboration.
§ 60.50 Rules of evidence; statements of defendants; corroboration. A person may not be convicted of any offense solely upon evidence of a confession or admission made by him without additional proof that the offense charged has been committed.
60.55 – Rules of Evidence; Psychiatric Testimony in Certain Cases.
§ 60.55 Rules of evidence; psychiatric testimony in certain cases. 1. When, in connection with the affirmative defense of lack of criminal responsibility by reason of mental disease or defect, a psychiatrist or licensed psychologist testifies at a trial concerning the defendant’s mental condition at the time of the conduct charged to constitute a crime, […]
60.60 – Rules of Evidence; Certificates Concerning Judgments of Conviction and Fingerprints.
§ 60.60 Rules of evidence; certificates concerning judgments of conviction and fingerprints. 1. A certificate issued by a criminal court, or the clerk thereof, certifying that a judgment of conviction against a designated defendant has been entered in such court, constitutes presumptive evidence of the facts stated in such certificate. 2. A report of a […]