New York

Eyewitness Identification Reform

State statute permits the admissibility of photographic identification evidence in the direct case if they were made using a blind or blinded administrator. Previously, the Rules of Evidence barred admissibility of photographic identifications. The Division of Criminal Justice Services shall develop written eyewitness identification procedures that are grounded in evidence-based principles. The protocol shall address: procedures for eliminating external influences on the witness, selection of fillers, proper instructions to the witness, and procedures for eliciting and documenting the witness's confidence in the identification. Effective: 2017.

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Recording of Interrogations

Custodial interrogations of individuals suspected of serious felonies must be video recorded in their entirety. The court may consider failure to record as a factor, but not the sole factor, in determining the confession/statement's admissibility and must provide a cautionary jury instruction if an interrogation is not recorded in violation of this section. Effective: 2017.

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Post Conviction DNA Testing

Any defendant convicted after trial may apply for post-conviction DNA testing at any time after the entry of a judgment in the case; defendants convicted after a plea for certain felonies must meet additional criteria to be eligible to apply for testing. Effective: 1994; Amended most recently: 2012.

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Evidence Preservation

No state law requiring preservation of evidence.

Exoneree Compensation

If the wrongfully convicted person "did not by his own conduct cause or bring about his conviction" and files a claim within two years of his pardon of innocence, he shall receive "damages in such sum of money as the court determines will fairly and reasonably compensate him." Effective: 1984; Amended most recently: 2007.

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