§ 60.10 Rules of evidence; in general. Unless otherwise provided by statute or by judicially established rules of evidence applicable to criminal cases, the rules of evidence applicable to civil cases are, where appropriate, also applicable to criminal proceedings.
§ 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. 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. 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. 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. 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. 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. 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. 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. 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 […]
§ 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, […]
§ 60.45 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. 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. 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. 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. 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. 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. 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. 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 […]
§ 60.70 Rules of evidence; dangerous drugs destroyed pursuant to court order. The destruction of dangerous drugs pursuant to the provisions of article seven hundred fifteen hereof shall not preclude the admission on trial or in a proceeding in connection therewith of testimony or evidence where such testimony or evidence would otherwise have been admissible […]
