0 chapters · 591 sections in this title.
N.Y. Criminal Procedure Law § 580.30 Securing attendance of defendants confined in federal prisons
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§ 580.30 Securing attendance of defendants confined in federal prisons.\n 1. A defendant against whom a criminal action is pending in a court\nof record of this state, and who is confined in a federal prison or\ncustody either within or outside the state, may, with the consent of…
N.Y. Criminal Procedure Law § 590.10 Securing attendance of defendants who are outside the United States
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§ 590.10 Securing attendance of defendants who are outside the United\n States.\n 1. When a criminal action for an offense committed in this state is\npending in a criminal court of this state against a defendant who is in\na foreign country with which the United States has an ex…
N.Y. Criminal Procedure Law § 60.10 Rules of evidence; in general
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§ 60.10 Rules of evidence; in general.\n Unless otherwise provided by statute or by judicially established\nrules of evidence applicable to criminal cases, the rules of evidence\napplicable to civil cases are, where appropriate, also applicable to\ncriminal proceedings.\n
N.Y. Criminal Procedure Law § 60.15 Rules of evidence; what witnesses may be called
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§ 60.15 Rules of evidence; what witnesses may be called.\n 1. Unless otherwise expressly provided, in any criminal proceeding\ninvolving a defendant in which evidence is or may be received, both the\npeople and the defendant may as a matter of right call and examine\nwitnesses, a…
N.Y. Criminal Procedure Law § 60.20 Rules of evidence; testimonial capacity; evidence given by children
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§ 60.20 Rules of evidence; testimonial capacity; evidence given by\n children.\n 1. Any person may be a witness in a criminal proceeding unless the\ncourt finds that, by reason of infancy or mental disease or defect, he\ndoes not possess sufficient intelligence or capacity to jus…
N.Y. Criminal Procedure Law § 60.22 Rules of evidence; corroboration of accomplice testimony
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§ 60.22 Rules of evidence; corroboration of accomplice testimony.\n 1. A defendant may not be convicted of any offense upon the testimony\nof an accomplice unsupported by corroborative evidence tending to\nconnect the defendant with the commission of such offense.\n 2. An "accomp…
N.Y. Criminal Procedure Law § 60.25 Rules of evidence; identification by means of previous recognition, in absence of present identification
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§ 60.25 Rules of evidence; identification by means of previous\n recognition, in absence of present identification.\n 1. In any criminal proceeding in which the defendant's commission of\nan offense is in issue, testimony as provided in subdivision two may be\ngiven by a witness …
N.Y. Criminal Procedure Law § 60.30 Rules of evidence; identification by means of previous recognition, in addition to present identification
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§ 60.30 Rules of evidence; identification by means of previous\n recognition, in addition to present identification.\n In any criminal proceeding in which the defendant's commission of an\noffense is in issue, a witness who testifies that (a) he or she observed\nthe person claime…
N.Y. Criminal Procedure Law § 60.35 Rules of evidence; impeachment of own witness by proof of prior contradictory statement
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§ 60.35 Rules of evidence; impeachment of own witness by proof of prior\n contradictory statement.\n 1. When, upon examination by the party who called him, a witness in a\ncriminal proceeding gives testimony upon a material issue of the case\nwhich tends to disprove the position …
N.Y. Criminal Procedure Law § 60.40 Rules of evidence; proof of previous conviction; when allowed
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§ 60.40 Rules of evidence; proof of previous conviction; when allowed.\n 1. If in the course of a criminal proceeding, any witness, including\na defendant, is properly asked whether he was previously convicted of a\nspecified offense and answers in the negative or in an equivocal…
N.Y. Criminal Procedure Law § 60.42 Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases
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§ 60.42 Rules of evidence; admissibility of evidence of victim's sexual\n conduct in sex offense cases.\n Evidence of a victim's sexual conduct shall not be admissible in a\nprosecution for an offense or an attempt to commit an offense defined in\narticle one hundred thirty or in…
N.Y. Criminal Procedure Law § 60.43 Rules of evidence; admissibility of evidence of victim's sexual conduct in non-sex offense cases
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§ 60.43 Rules of evidence; admissibility of evidence of victim's sexual\n conduct in non-sex offense cases.\n Evidence of the victim's sexual conduct, including the past sexual\nconduct of a deceased victim, may not be admitted in a prosecution for\nany offense, attempt to commit…
N.Y. Criminal Procedure Law § 60.44 Use of anatomically correct dolls
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§ 60.44 Use of anatomically correct dolls.\n Any person who is less than sixteen years old may in the discretion of\nthe court and where helpful and appropriate, use an anatomically correct\ndoll in testifying in a criminal proceeding based upon conduct\nprohibited by article one…
N.Y. Criminal Procedure Law § 60.45 Rules of evidence; admissibility of statements of defendants
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§ 60.45 Rules of evidence; admissibility of statements of defendants.\n 1. Evidence of a written or oral confession, admission, or other\nstatement made by a defendant with respect to his participation or lack\nof participation in the offense charged, may not be received in evide…
N.Y. Criminal Procedure Law § 60.46 Rules of evidence, family offense proceedings in family court
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§ 60.46 Rules of evidence, family offense proceedings in family court.\n Evidence of a written or oral admission or any testimony given by\neither party, or evidence derived therefrom, in a proceeding under\narticle eight of the family court act without the benefit of counsel in\…
N.Y. Criminal Procedure Law § 60.47 Possession of condoms; receipt into evidence
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§ 60.47 Possession of condoms; receipt into evidence.\n Evidence that a person was in possession of one or more condoms may\nnot be admitted at any trial, hearing, or other proceeding in a\nprosecution for section 230.00 of the penal law for the purpose of\nestablishing probable …
N.Y. Criminal Procedure Law § 60.48 Rules of evidence; admissibility of evidence of victim's manner of dress in sex offense cases
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§ 60.48 Rules of evidence; admissibility of evidence of victim's manner\n of dress in sex offense cases.\n Evidence of the manner in which the victim was dressed at the time of\nthe commission of an offense may not be admitted in a prosecution for\nany offense, or an attempt to c…
N.Y. Criminal Procedure Law § 60.49 Possession of opioid antagonists; receipt into evidence
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§ 60.49 Possession of opioid antagonists; receipt into evidence.\n 1. Evidence that a person was in possession of an opioid antagonist\nmay not be admitted at any trial, hearing or other proceeding in a\nprosecution for any offense under sections 220.03, 220.06, 220.09,\n220.16, …
N.Y. Criminal Procedure Law § 60.50 Rules of evidence; statements of defendants; corroboration
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§ 60.50 Rules of evidence; statements of defendants; corroboration.\n A person may not be convicted of any offense solely upon evidence of a\nconfession or admission made by him without additional proof that the\noffense charged has been committed.\n
N.Y. Criminal Procedure Law § 60.55 Rules of evidence; psychiatric testimony in certain cases
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§ 60.55 Rules of evidence; psychiatric testimony in certain cases.\n 1. When, in connection with the affirmative defense of lack of\ncriminal responsibility by reason of mental disease or defect, a\npsychiatrist or licensed psychologist testifies at a trial concerning\nthe defend…
N.Y. Criminal Procedure Law § 60.60 Rules of evidence; certificates concerning judgments of conviction and fingerprints
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§ 60.60 Rules of evidence; certificates concerning judgments of\n conviction and fingerprints.\n 1. A certificate issued by a criminal court, or the clerk thereof,\ncertifying that a judgment of conviction against a designated defendant\nhas been entered in such court, constitute…
N.Y. Criminal Procedure Law § 60.70 Rules of evidence; dangerous drugs destroyed pursuant to court order
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§ 60.70 Rules of evidence; dangerous drugs destroyed pursuant to court\n order.\n The destruction of dangerous drugs pursuant to the provisions of\narticle seven hundred fifteen hereof shall not preclude the admission on\ntrial or in a proceeding in connection therewith of testim…
N.Y. Criminal Procedure Law § 60.75 Rules of evidence; chemical test evidence
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§ 60.75 Rules of evidence; chemical test evidence.\n In any prosecution where two or more offenses against the same\ndefendant are properly joined in one indictment or charged in two\naccusatory instruments properly consolidated for trial purposes and\nwhere one such offense char…
N.Y. Criminal Procedure Law § 60.76 Rules of evidence; rape crisis counselor evidence in certain cases
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§ 60.76 Rules of evidence; rape crisis counselor evidence in certain\n cases.\n Where disclosure of a communication which would have been privileged\npursuant to section forty-five hundred ten of the civil practice law and\nrules is sought on the grounds that the privilege has be…
N.Y. Criminal Procedure Law § 600.10 Corporate defendants; securing attendance
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§ 600.10 Corporate defendants; securing attendance.\n 1. The court attendance of a corporation for purposes of commencing\nor prosecuting a criminal action against it may be accomplished by the\nissuance and service of a summons or an appearance ticket if such action\nhas been or…
N.Y. Criminal Procedure Law § 600.20 Corporate defendants; prosecution thereof
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§ 600.20 Corporate defendants; prosecution thereof.\n At all stages of a criminal action, from the commencement thereof\nthrough sentence, a corporate defendant must appear by counsel. Upon\nfailure of appearance at the time such defendant is required to enter a\nplea to the accu…
N.Y. Criminal Procedure Law § 610.10 Securing attendance of witnesses by subpoena; in general
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§ 610.10 Securing attendance of witnesses by subpoena; in general.\n 1. Under circumstances prescribed in this article, a person at\nliberty within the state may be required to attend a criminal court\naction or proceeding as a witness by the issuance and service upon him\nof a s…
N.Y. Criminal Procedure Law § 610.20 Securing attendance of witnesses by subpoena; when and by whom subpoena may be issued
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§ 610.20 Securing attendance of witnesses by subpoena; when and by whom\n subpoena may be issued.\n 1. Any criminal court may issue a subpoena for the attendance of a\nwitness in any criminal action or proceeding in such court.\n 2. A district attorney, or other prosecutor where …
N.Y. Criminal Procedure Law § 610.25 Securing attendance of witness by subpoena; possession of physical evidence
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§ 610.25 Securing attendance of witness by subpoena; possession of\n physical evidence.\n 1. Where a subpoena duces tecum is issued on reasonable notice to the\nperson subpoenaed, the court or grand jury shall have the right to\npossession of the subpoenaed evidence. Such evidenc…
N.Y. Criminal Procedure Law § 610.30 Securing attendance of witnesses by subpoena; where subpoena may be served
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§ 610.30 Securing attendance of witnesses by subpoena; where subpoena\n may be served.\n 1. A subpoena of any criminal court, issued pursuant to section\n610.20, may be served anywhere in the county of issuance or anywhere in\nan adjoining county.\n 2. A subpoena of a superior co…
N.Y. Criminal Procedure Law § 610.40 Securing attendance of witnesses by subpoena; how and by whom subpoena may be served
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§ 610.40 Securing attendance of witnesses by subpoena; how and by whom\n subpoena may be served.\n A subpoena may be served by any person more than eighteen years old.\nService must be made in the manner provided by the civil practice law\nand rules for the service of subpoenas i…
N.Y. Criminal Procedure Law § 610.50 Securing attendance of witness by subpoena; fees
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§ 610.50 Securing attendance of witness by subpoena; fees.\n 1. A witness subpoenaed by the people in a criminal action is\nentitled to the same fees and mileage as a witness in a civil action,\npayable by the treasurer of the county upon the certificate of the court\nor the cler…
N.Y. Criminal Procedure Law § 620.10 Material witness order; defined
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§ 620.10 Material witness order; defined.\n A material witness order is a court order (a) adjudging a person a\nmaterial witness in a pending criminal action and (b) fixing bail to\nsecure his future attendance thereat.\n
N.Y. Criminal Procedure Law § 620.20 Material witness order; when authorized; by what courts issuable; duration thereof
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§ 620.20 Material witness order; when authorized; by what courts\n issuable; duration thereof.\n 1. A material witness order may be issued upon the ground that there\nis reasonable cause to believe that a person whom the people or the\ndefendant desire to call as a witness in a p…
N.Y. Criminal Procedure Law § 620.30 Material witness order; commencement of proceeding by application; procurement of appearance of prospective witness
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§ 620.30 Material witness order; commencement of proceeding by\n application; procurement of appearance of prospective\n witness.\n 1. A proceeding to adjudge a person a material witness must be\ncommenced by application to the appropriate court, made in writing and\nsubscribed a…
N.Y. Criminal Procedure Law § 620.40 Material witness order; arraignment
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§ 620.40 Material witness order; arraignment.\n 1. When the prospective witness appears before the court, the court\nmust inform him of the nature and purpose of the proceeding, and that he\nis entitled to a prompt hearing upon the issue of whether he should be\nadjudged a materi…
N.Y. Criminal Procedure Law § 620.50 Material witness order; hearing, determination and execution of order
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§ 620.50 Material witness order; hearing, determination and execution of\n order.\n 1. The hearing upon the application must be conducted as follows:\n (a) The applicant has the burden of proving by a preponderance of the\nevidence all facts essential to support a material witnes…
N.Y. Criminal Procedure Law § 620.60 Material witness order; vacation, modification and amendment thereof
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§ 620.60 Material witness order; vacation, modification and amendment\n thereof.\n 1. At any time after a material witness order has been issued the\ncourt must, upon application of such witness, with notice to the party\nupon whose application the order was issued, and with oppo…
N.Y. Criminal Procedure Law § 620.70 Material witness order; compelling attendance of witness who fails to appear
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§ 620.70 Material witness order; compelling attendance of witness who\n fails to appear.\n If a witness at liberty on bail pursuant to a material witness order\ncannot be found or notified at the time his appearance as a witness is\nrequired, or if after notification he fails to …
N.Y. Criminal Procedure Law § 620.80 Material witness order; witness fee
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§ 620.80 Material witness order; witness fee.\n A witness held in the custody of the sheriff as a result of a material\nwitness order must be paid the sum of three dollars per day for each day\nof confinement in such custody. Such compensation is a county charge\nand is payable u…
N.Y. Criminal Procedure Law § 630.10 Securing attendance of witnesses confined in institutions within the state; in general
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§ 630.10 Securing attendance of witnesses confined in institutions\n within the state; in general.\n Under the circumstances prescribed in this article, a person confined\nin an institution within this state pursuant to a court order may, upon\napplication of a party to a crimina…
N.Y. Criminal Procedure Law § 630.20 Securing attendance of witnesses confined in institutions within the state; when and by what courts order may be issued
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§ 630.20 Securing attendance of witnesses confined in institutions\n within the state; when and by what courts order may be\n issued.\n The following courts and judges may, under the indicated\ncircumstances, order production as witnesses of persons confined by\ncourt order in in…
N.Y. Criminal Procedure Law § 640.10 Securing attendance of witnesses from within and without the state in criminal proceedings
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§ 640.10 Securing attendance of witnesses from within and without the\n state in criminal proceedings.\n 1. As used in this section the following words shall have the\nfollowing meanings unless the context requires otherwise.\n "Witness" shall include a person whose testimony is …
N.Y. Criminal Procedure Law § 65.00 Definitions
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* § 65.00 Definitions.\n As used in this article:\n 1. "Child witness" means a person fourteen years old or less who is or\nwill be called to testify in a criminal proceeding, other than a grand\njury proceeding, concerning an offense defined in article one hundred\nthirty of the…
N.Y. Criminal Procedure Law § 65.10 Closed-circuit television; general rule; declaration of vulnerability
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* § 65.10 Closed-circuit television; general rule; declaration of\n vulnerability.\n 1. A child witness shall be declared vulnerable when the court, in\naccordance with the provisions of section 65.20, determines by clear and\nconvincing evidence that it is likely that such child…
N.Y. Criminal Procedure Law § 65.20 Closed-circuit television; procedure for application and grounds for determination
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* § 65.20 Closed-circuit television; procedure for application and\n grounds for determination.\n 1. Prior to the commencement of a criminal proceeding; other than a\ngrand jury proceeding, either party may apply to the court for an order\ndeclaring that a child witness is vulner…
N.Y. Criminal Procedure Law § 65.30 Closed-circuit television; special testimonial procedures
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* § 65.30 Closed-circuit television; special testimonial procedures.\n 1. When the court has entered an order pursuant to section 65.20, the\ntestimony of the vulnerable child witness shall be taken in the\ntestimonial room and the image and voice of the vulnerable child\nwitness…
N.Y. Criminal Procedure Law § 650.10 Securing attendance of prisoner in this state as witness in proceeding without the state
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§ 650.10 Securing attendance of prisoner in this state as witness in\n proceeding without the state.\n If a judge of a court of record in any other state, which by its laws\nhas made provision for commanding a prisoner within that state to attend\nand testify in this state, certi…
N.Y. Criminal Procedure Law § 650.20 Securing attendance of prisoner outside the state as witness in criminal action in the state
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§ 650.20 Securing attendance of prisoner outside the state as witness\n in criminal action in the state.\n 1. When (a) a criminal action is pending in a court of record of this\nstate, or a grand jury proceeding has been commenced, and (b) there is\nreasonable cause to believe th…
N.Y. Criminal Procedure Law § 650.30 Securing attendance of prisoner in federal institution as witness in criminal action in the state
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§ 650.30 Securing attendance of prisoner in federal institution as\n witness in criminal action in the state.\n 1. When (a) a criminal action is pending in a court of record of this\nstate by reason of the filing therewith of an accusatory instrument, or\na grand jury proceeding …