Family Court Act, Article 3, Juvenile Delinquency Part 4, § 343.4: Rules of Evidence; Identification by Means of Previous Recognition, in Addition to Present Identification

In order for a minor who is accused of committing a crime to be adjudged delinquent, a fact-finding hearing must be held in Family Court. In order to ensure that the accused minor is treated fairly, there are several rules related to what type of evidence is admissible, including rules related to identification. Under New York Family Court Act, Article 3, Juvenile Delinquency, Part 4, § 343.4, a witness may provide identification testimony of the accused minor and that testimony will be considered evidence in chief if:

1. he observed the person either at the time and place of the commission of the crime or upon some other occasion relevant to the case, and
2. on the basis of present recollection, the respondent is the person in question, and
3. on a subsequent occasion he observed the respondent and then also recognized him as the same person whom he 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 observed on the first or incriminating occasion, also describe his previous recognition of the respondent and testified that the person whom he observed on such second occasion is the same person whom he had observed on the first or incriminating occasion.

Harry Z faced a juvenile delinquency proceeding based on being accused of an act that if were committed by an adult would be burglary in the third degree. A witness who was walking in the area at the time of the incident testified that he observed Harry Z. in exiting from the building where the burglary occurred around the time that burglary was believed to have occurred. The witness was able to identify Harry Z. from his photograph that was presented to him after the burglary and he was also able to identify Harry Z. during the fact-finding hearing. Under New York Family Court Act, Article 3, Juvenile Delinquency, Part 4, § 343.4, this witness' identification testimony would be admissible as evidence in chief.

1. Rules of evidence; identification by means of previous recognition in addition to present identification: New York Family Court Act, Article 3, Juvenile Delinquency, Part 4, § 343.3

Witness identification testimony can be challenged in a number of different ways depending on the circumstances of the case. If you can show that there is an issue of mistaken identity, or if there is alibi evidence, then you may be able to successfully challenge the witness' identification testimony.

In any juvenile delinquency proceeding in which the respondent's commission of a crime is in issue, a witness who testifies that:

1. he 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
2. on the basis of present recollection, the respondent is the person in question, and
3. on a subsequent occasion he observed 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 as the same person whom he 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 observed on the first or incriminating occasion, also describe his previous recognition of the respondent and testify that the person whom he observed on such second occasion is the same person whom he had observed on the first or incriminating occasion. Such testimony constitutes evidence in chief.

If your child has been accused of committing a crime, it is critical that your child has experienced representation. Juvenile delinquency procedure is complicated with special procedural rules that must be followed. The outcome of your child's case could have a significant impact on his or her future. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully representing juvenile clients in New York Family Court as well as in criminal court who have been accused of committing misdemeanors and felonies. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those involved in juvenile delinquency matters in the following locations: