60.44 – Use of Anatomically Correct Dolls.
§ 60.44 Use of anatomically correct dolls. Any person who is less than sixteen years old may in the discretion of the court and where helpful and appropriate, use an anatomically correct doll in testifying in a criminal proceeding based upon conduct prohibited by article one hundred thirty, article two hundred sixty or section 255.25, […]
60.15 – Rules of Evidence; What Witnesses May Be Called.
§ 60.15 Rules of evidence; what witnesses may be called. 1. Unless otherwise expressly provided, in any criminal proceeding involving a defendant in which evidence is or may be received, both the people and the defendant may as a matter of right call and examine witnesses, and each party may cross-examine every witness called by […]
60.20 – Rules of Evidence; Testimonial Capacity; Evidence Given by Children.
§ 60.20 Rules of evidence; testimonial capacity; evidence given by children. 1. Any person may be a witness in a criminal proceeding unless the court finds that, by reason of infancy or mental disease or defect, he does not possess sufficient intelligence or capacity to justify the reception of his evidence. 2. Every witness more […]
60.22 – Rules of Evidence; Corroboration of Accomplice Testimony.
§ 60.22 Rules of evidence; corroboration of accomplice testimony. 1. A defendant may not be convicted of any offense upon the testimony of an accomplice unsupported by corroborative evidence tending to connect the defendant with the commission of such offense. 2. An “accomplice” means a witness in a criminal action who, according to evidence adduced […]
60.25 – Rules of Evidence; Identification by Means of Previous Recognition, in Absence of Present Identification.
§ 60.25 Rules of evidence; identification by means of previous recognition, in absence of present identification. 1. In any criminal proceeding in which the defendant’s commission of an offense is in issue, testimony as provided in subdivision two may be given by a witness when: (a) Such witness testifies that: (i) He or she observed […]
60.30 – Rules of Evidence; Identification by Means of Previous Recognition, in Addition to Present Identification.
§ 60.30 Rules of evidence; identification by means of previous recognition, in addition to present identification. In any criminal proceeding in which the defendant’s commission of an offense is in issue, a witness who testifies that (a) he or she observed the person claimed by the people to be the defendant either at the time […]
60.35 – Rules of Evidence; Impeachment of Own Witness by Proof of Prior Contradictory Statement.
§ 60.35 Rules of evidence; impeachment of own witness by proof of prior contradictory statement. 1. When, upon examination by the party who called him, a witness in a criminal proceeding gives testimony upon a material issue of the case which tends to disprove the position of such party, such party may introduce evidence that […]
60.40 – Rules of Evidence; Proof of Previous Conviction; When Allowed.
§ 60.40 Rules of evidence; proof of previous conviction; when allowed. 1. If in the course of a criminal proceeding, any witness, including a defendant, is properly asked whether he was previously convicted of a specified offense and answers in the negative or in an equivocal manner, the party adverse to the one who called […]
60.42 – Rules of Evidence; Admissibility of Evidence of Victim’s Sexual Conduct in Sex Offense Cases.
§ 60.42 Rules of evidence; admissibility of evidence of victim’s sexual conduct in sex offense cases. Evidence of a victim’s sexual conduct shall not be admissible in a prosecution for an offense or an attempt to commit an offense defined in article one hundred thirty or in section 230.34 of the penal law unless such […]
60.43 – Rules of Evidence; Admissibility of Evidence of Victim’s Sexual Conduct in Non-Sex Offense Cases.
§ 60.43 Rules of evidence; admissibility of evidence of victim’s sexual conduct in non-sex offense cases. Evidence of the victim’s sexual conduct, including the past sexual conduct of a deceased victim, may not be admitted in a prosecution for any offense, attempt to commit an offense or conspiracy to commit an offense defined in the […]