60.75 – Rules of Evidence; Chemical Test Evidence.
§ 60.75 Rules of evidence; chemical test evidence. In any prosecution where two or more offenses against the same defendant are properly joined in one indictment or charged in two accusatory instruments properly consolidated for trial purposes and where one such offense charges a violation of any subdivision of section eleven hundred ninety-two of the […]
60.45 – Rules of Evidence; Admissibility of Statements of Defendants.
§ 60.45 Rules of evidence; admissibility of statements of defendants. 1. Evidence of a written or oral confession, admission, or other statement made by a defendant with respect to his participation or lack of participation in the offense charged, may not be received in evidence against him in a criminal proceeding if such statement was […]
60.46 – Rules of Evidence, Family Offense Proceedings in Family Court.
§ 60.46 Rules of evidence, family offense proceedings in family court. Evidence of a written or oral admission or any testimony given by either party, or evidence derived therefrom, in a proceeding under article eight of the family court act without the benefit of counsel in such proceeding may not be received into evidence in […]
60.47 – Possession of Condoms; Receipt Into Evidence.
§ 60.47 Possession of condoms; receipt into evidence. Evidence that a person was in possession of one or more condoms may not be admitted at any trial, hearing, or other proceeding in a prosecution for section 230.00 of the penal law for the purpose of establishing probable cause for an arrest or proving any person’s […]
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 […]
60.15 – 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 […]