N.Y. Criminal Procedure Law § 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

and place of the commission of the offense or upon some other occasion

relevant to the case, and (b) on the basis of present recollection, the

defendant is the person in question and (c) on a subsequent occasion he

or she observed the defendant, or where the observation is made pursuant

to a blind or blinded procedure, as defined in paragraph (c) of

subdivision one of section 60.25 of this article, a pictorial,

photographic, electronic, filmed or video recorded reproduction of the

defendant, 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 or her or the pictorial,

photographic, electronic, filmed or video recorded reproduction of him

or her as the same person whom he or she had observed on the first or

incriminating occasion, may, in addition to making an identification of

the defendant at the criminal proceeding on the basis of present

recollection as the person whom he or she observed on the first or

incriminating occasion, also describe his or her previous recognition of

the defendant and testify that the person whom he or she observed or

whose pictorial, photographic, electronic, filmed or video recorded

reproduction he or she observed on such second occasion is the same

person whom he or she had observed on the first or incriminating

occasion. Such testimony and such pictorial, photographic, electronic,

filmed or video recorded reproduction constitutes evidence in chief.