Title CPL, Criminal Procedure

§ 580.30 Securing attendance of defendants confined in federal prisons. 1. A defendant against whom a criminal action is pending in a court of record of this state, and who is confined in a federal prison or custody either within or outside the state, may, with the consent of the…

§ 590.10 Securing attendance of defendants who are outside the United States. 1. When a criminal action for an offense committed in this state is pending in a criminal court of this state against a defendant who is in a foreign country with which the United States has an extradit…

§ 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 ea…

§ 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 t…

§ 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" …

§ 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: …

§ 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 t…

§ 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 suc…

§ 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 man…

§ 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 secti…

§ 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 of…

§ 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 hund…

§ 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 …

§ 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…

§ 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…

§ 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 …

§ 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, 220.1…

§ 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…

§ 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 pres…

§ 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…

§ 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…

§ 60.76 Rules of evidence; rape crisis counselor evidence in certain cases. Where disclosure of a communication which would have been privileged pursuant to section forty-five hundred ten of the civil practice law and rules is sought on the grounds that the privilege has been wai…

§ 600.10 Corporate defendants; securing attendance. 1. The court attendance of a corporation for purposes of commencing or prosecuting a criminal action against it may be accomplished by the issuance and service of a summons or an appearance ticket if such action has been or is a…

§ 600.20 Corporate defendants; prosecution thereof. At all stages of a criminal action, from the commencement thereof through sentence, a corporate defendant must appear by counsel. Upon failure of appearance at the time such defendant is required to enter a plea to the accusator…

§ 610.10 Securing attendance of witnesses by subpoena; in general. 1. Under circumstances prescribed in this article, a person at liberty within the state may be required to attend a criminal court action or proceeding as a witness by the issuance and service upon him of a subpoe…

§ 610.20 Securing attendance of witnesses by subpoena; when and by whom subpoena may be issued. 1. Any criminal court may issue a subpoena for the attendance of a witness in any criminal action or proceeding in such court. 2. A district attorney, or other prosecutor where appropr…

§ 610.25 Securing attendance of witness by subpoena; possession of physical evidence. 1. Where a subpoena duces tecum is issued on reasonable notice to the person subpoenaed, the court or grand jury shall have the right to possession of the subpoenaed evidence. Such evidence may …

§ 610.30 Securing attendance of witnesses by subpoena; where subpoena may be served. 1. A subpoena of any criminal court, issued pursuant to section 610.20, may be served anywhere in the county of issuance or anywhere in an adjoining county. 2. A subpoena of a superior court or o…

§ 610.40 Securing attendance of witnesses by subpoena; how and by whom subpoena may be served. A subpoena may be served by any person more than eighteen years old. Service must be made in the manner provided by the civil practice law and rules for the service of subpoenas in civi…

§ 610.50 Securing attendance of witness by subpoena; fees. 1. A witness subpoenaed by the people in a criminal action is entitled to the same fees and mileage as a witness in a civil action, payable by the treasurer of the county upon the certificate of the court or the clerk the…

§ 620.10 Material witness order; defined. A material witness order is a court order (a) adjudging a person a material witness in a pending criminal action and (b) fixing bail to secure his future attendance thereat.

§ 620.20 Material witness order; when authorized; by what courts issuable; duration thereof. 1. A material witness order may be issued upon the ground that there is reasonable cause to believe that a person whom the people or the defendant desire to call as a witness in a pending…

§ 620.30 Material witness order; commencement of proceeding by application; procurement of appearance of prospective witness. 1. A proceeding to adjudge a person a material witness must be commenced by application to the appropriate court, made in writing and subscribed and sworn…

§ 620.40 Material witness order; arraignment. 1. When the prospective witness appears before the court, the court must inform him of the nature and purpose of the proceeding, and that he is entitled to a prompt hearing upon the issue of whether he should be adjudged a material wi…

§ 620.50 Material witness order; hearing, determination and execution of order. 1. The hearing upon the application must be conducted as follows: (a) The applicant has the burden of proving by a preponderance of the evidence all facts essential to support a material witness order…

§ 620.60 Material witness order; vacation, modification and amendment thereof. 1. At any time after a material witness order has been issued the court must, upon application of such witness, with notice to the party upon whose application the order was issued, and with opportunit…

§ 620.70 Material witness order; compelling attendance of witness who fails to appear. If a witness at liberty on bail pursuant to a material witness order cannot be found or notified at the time his appearance as a witness is required, or if after notification he fails to appear…

§ 620.80 Material witness order; witness fee. A witness held in the custody of the sheriff as a result of a material witness order must be paid the sum of three dollars per day for each day of confinement in such custody. Such compensation is a county charge and is payable upon r…

§ 630.10 Securing attendance of witnesses confined in institutions within the state; in general. Under the circumstances prescribed in this article, a person confined in an institution within this state pursuant to a court order may, upon application of a party to a criminal acti…

§ 630.20 Securing attendance of witnesses confined in institutions within the state; when and by what courts order may be issued. The following courts and judges may, under the indicated circumstances, order production as witnesses of persons confined by court order in institutio…

§ 640.10 Securing attendance of witnesses from within and without the state in criminal proceedings. 1. As used in this section the following words shall have the following meanings unless the context requires otherwise. "Witness" shall include a person whose testimony is desired…

* § 65.00 Definitions. As used in this article: 1. "Child witness" means a person fourteen years old or less who is or will be called to testify in a criminal proceeding, other than a grand jury proceeding, concerning an offense defined in article one hundred thirty of the penal …

* § 65.10 Closed-circuit television; general rule; declaration of vulnerability. 1. A child witness shall be declared vulnerable when the court, in accordance with the provisions of section 65.20, determines by clear and convincing evidence that it is likely that such child witne…

* § 65.20 Closed-circuit television; procedure for application and grounds for determination. 1. Prior to the commencement of a criminal proceeding; other than a grand jury proceeding, either party may apply to the court for an order declaring that a child witness is vulnerable. …

* § 65.30 Closed-circuit television; special testimonial procedures. 1. When the court has entered an order pursuant to section 65.20, the testimony of the vulnerable child witness shall be taken in the testimonial room and the image and voice of the vulnerable child witness, as …

§ 650.10 Securing attendance of prisoner in this state as witness in proceeding without the state. If a judge of a court of record in any other state, which by its laws has made provision for commanding a prisoner within that state to attend and testify in this state, certifies u…

§ 650.20 Securing attendance of prisoner outside the state as witness in criminal action in the state. 1. When (a) a criminal action is pending in a court of record of this state, or a grand jury proceeding has been commenced, and (b) there is reasonable cause to believe that a p…

§ 650.30 Securing attendance of prisoner in federal institution as witness in criminal action in the state. 1. When (a) a criminal action is pending in a court of record of this state by reason of the filing therewith of an accusatory instrument, or a grand jury proceeding has be…