N.Y. Family Court Act § 335.2: Notice of alibi

§ 335.2. Notice of alibi. 1. At any time not more than fifteen days

after the conclusion of the initial appearance and before the

fact-finding hearing the presentment agency may serve upon the

respondent and file a copy thereof with the court, a demand that if the

respondent intends to offer a defense that at the time of the commission

of the crime charged he was at some place or places other than the scene

of the crime, and to call witnesses in support of such defense, he must

within ten days of service of such demand, serve upon such agency, and

file a copy thereof with the court, a "notice of alibi", reciting; (a)

the place or places where the respondent claims to have been at the time

in question, and (b) the names, the residential addresses, the places of

employment and the addresses thereof of every such alibi witness upon

whom he intends to rely. For good cause shown, the court may extend the

period for service of the notice.

2. Within a reasonable time after receipt of the respondent's witness

list but not later than ten days before the fact-finding hearing, the

presentment agency must serve upon the respondent and file a copy

thereof with the court, a list of witnesses such agency proposes to

offer in rebuttal to discredit the respondent's alibi at the trial

together with the residential addresses, the places of employment and

the addresses thereof of any such rebuttal witnesses. A witness who will

testify that the respondent was at the scene of the crime is not such an

alibi rebuttal witness. For good cause shown, the court may extend the

period for service.

3. If at the trial the respondent calls such an alibi witness without

having served the demanded notice of alibi, or if having served such a

notice he calls a witness not specified therein, the court may exclude

any testimony of such witness relating to the alibi defense. The court

may in its discretion receive such testimony, but before doing so, it

must, upon application of the presentment agency, grant a reasonable

adjournment.

4. Similarly, if the presentment agency fails to serve and file a list

of any rebuttal witnesses, the provisions of subdivision three shall

reciprocally apply.

5. Both the respondent and the presentment agency shall be under a

continuing duty to promptly disclose the names and addresses of

additional witnesses which come to the attention of either party

subsequent to filing his witness list as provided in this section.