New York Laws
Article 60 - Rules of Evidence and Related Matters
60.30 - Rules of Evidence; Identification by Means of Previous Recognition, in Addition to Present Identification.

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.

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