N.Y. Family Court Act § 343.4: Rules of evidence; identification by means of previous recognition, in addition to present identification

§ 343.4. Rules of evidence; identification by means of previous

recognition, in addition to present identification. In any juvenile

delinquency proceeding in which the respondent's commission of a crime

is in issue, a witness who testifies that: (a) he or she observed the

person claimed by the presentment agency to be the respondent either at

the time and place of the commission of the crime or upon some other

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

recollection, the respondent is the person in question, and (c) on a

subsequent occasion he or she observed the respondent, or, where the

observation is made pursuant to a blind or blinded procedure, a

pictorial, photographic, electronic, filmed or video recorded

reproduction of the respondent 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 respondent at the delinquency 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 respondent 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. For purposes of this section, a "blind or blinded procedure"

shall be as defined in paragraph (c) of subdivision one of section 343.3

of this part.