§ 343.3. Rules of evidence; identification by means of previous\nrecognition in absence of present identification. 1. In any juvenile\ndelinquency proceeding in which the respondent's commission of a crime\nis in issue, testimony as provided in subdivision two may be given by a\nwitness when:\n (a) such witness testifies that:\n (i) he or she observed the person claimed by the presentment agency to\nbe the respondent either at the time and place of the commission of the\ncrime or upon some other occasion relevant to the case; and\n (ii) on a subsequent occasion he or she observed, under circumstances\nconsistent with such rights as an accused person may derive under the\nconstitution of this state or of the United States, a person, or, where\nthe observation is made pursuant to a blind or blinded procedure as\ndefined herein, a pictorial, photographic, electronic, filmed or video\nrecorded reproduction of a person whom he or she recognized as the same\nperson whom he or she had observed on the first incriminating occasion;\nand\n (iii) he or she is unable at the proceeding to state, on the basis of\npresent recollection, whether or not the respondent is the person in\nquestion; and\n (b) it is established that the respondent is in fact the person whom\nthe witness observed and recognized or whose pictorial, photographic,\nelectronic, filmed or video recorded reproduction the witness observed\nand recognized on the second occasion. Such fact may be established by\ntestimony of another person or persons to whom the witness promptly\ndeclared his or her recognition on such occasion and by such pictorial,\nphotographic, electronic, filmed or video recorded reproduction.\n (c) For purposes of this section, a "blind or blinded procedure" is\none in which the witness identifies a person in an array of pictorial,\nphotographic, electronic, filmed or video recorded reproductions under\ncircumstances where, at the time the identification is made, the public\nservant administering such procedure: (i) does not know which person in\nthe array is the suspect, or (ii) does not know where the suspect is in\nthe array viewed by the witness. The failure of a public servant to\nfollow such a procedure shall be assessed solely for purposes of this\narticle and shall result in the preclusion of testimony regarding the\nidentification procedure as evidence in chief, but shall not constitute\na legal basis to suppress evidence made pursuant to subdivision six of\nsection 710.20 of the criminal procedure law. This article neither\nlimits not expands subdivision six of section 710.20 of the criminal\nprocedure law.\n 2. Under circumstances prescribed in subdivision one, such witness may\ntestify at the proceeding that the person whom he or she observed and\nrecognized or whose pictorial, photographic, electronic, filmed or video\nrecorded reproduction he or she observed and recognized on the second\noccasion is the same person whom he or she observed on the first or\nincriminating occasion. Such testimony, together with the evidence that\nthe respondent is in fact the person whom the witness observed and\nrecognized or whose pictorial, photographic, electronic, filmed or video\nrecorded reproduction he or she observed and recognized on the second\noccasion, constitutes evidence in chief.\n
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