New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

  Search NYS Family Court Law Articles

Part 4 - Article 3 - Family Court

THE FACT-FINDING HEARING

Section Description
340.1 Time of fact-finding hearing.
340.2 Presiding judge.
341.1 Exclusion of general public.
341.2 Presence of respondent and his or her parent.
342.1 The fact-finding hearing; order of procedure.
342.2 Evidence in fact-finding hearings; required quantum.
343.1 Rules of evidence; testimony given by children.
343.2 Rules of evidence; corroboration of accomplice testimony.
343.3 Rules of evidence; identification by means of previous recognition in absence of present identification.
343.4 Rules of evidence; identification by means of previous recognition, in addition to present identification.
343.5 Rules of evidence; impeachment of own witness by proof of prior contradictory statement.
344.1 Rules of evidence; proof of previous conviction or delinquency finding.
344.2 Rules of evidence; statements of respondent; corroboration.
344.3 Rules of evidence; psychiatric testimony in certain cases.
344.4 Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases.
345.1 Orders.
346.1 Fact-finding hearing; removal.
347.1 Required testing of the respondent in certain proceedings.
  S 340.1. Time  of  fact-finding  hearing. 1. If the respondent is in
  detention and the highest count in the petition charges  the  commission
  of  a  class  A, B, or C felony, the fact-finding hearing shall commence
  not more  than  fourteen  days  after  the  conclusion  of  the  initial
  appearance  except as provided in subdivision four. If the respondent is
  in detention and the highest count in such petition is less than a class
  C felony the fact-finding hearing shall commence no more than three days
  after the conclusion of the initial appearance  except  as  provided  in
  subdivision four.
    2.  If  the  respondent  is  not in detention the fact-finding hearing
  shall commence not more than sixty days  after  the  conclusion  of  the
  initial appearance except as provided in subdivision four.
    3.  For  the  purposes of this section, in any case where a proceeding
  has been removed to  the  family  court  pursuant  to  an  order  issued
  pursuant  to  section  725.05  of  the  criminal procedure law, the date
  specified in such order for the defendant's  appearance  in  the  family
  court shall constitute the date of the initial appearance.
    4. The court may adjourn a fact-finding hearing:
    (a)  on its own motion or on motion of the presentment agency for good
  cause shown for not more  than  three  days  if  the  respondent  is  in
  detention  and  not  more  than  thirty days if the respondent is not in
  detention; provided, however, that if there is probable cause to believe
  the respondent committed a homicide or  a  crime  which  resulted  in  a
  person  being  incapacitated from attending court, the court may adjourn
  the hearing for a reasonable length of time; or
    (b) on motion by the respondent for good cause shown for not more than
  thirty days; or
    (c) on its own motion for not more than six months if  the  proceeding
  has  been  adjourned  in  contemplation of dismissal pursuant to section
  315.3.
    5. The court shall state on the record the reason for any  adjournment
  of the fact-finding hearing.
    6.  Successive  motions to adjourn a fact-finding hearing shall not be
  granted in  the  absence  of  a  showing,  on  the  record,  of  special
  circumstances;  such circumstances shall not include calendar congestion
  or the status of the court's docket or backlog.
    7. For purposes of this section, if a  warrant  for  the  respondent's
  arrest  has been issued pursuant to section 312.2 of this article due to
  the respondent's failure to appear for a scheduled fact-finding hearing,
  computation of the time within which such hearing must take place  shall
  exclude  the  period  extending  from  the date of issuance of the bench
  warrant for respondent's arrest because of his or her failure to  appear
  to  the  date the respondent subsequently appears in court pursuant to a
  bench warrant or appears voluntarily; provided, however,  no  period  of
  time  may  be excluded hereunder unless the respondent's location cannot
  be determined by the exercise of due diligence or, if  the  respondent's
  location  is  known,  his or her presence in court cannot be obtained by
  the exercise of due diligence. In determining whether due diligence  has
  been  exercised,  the  court  shall  consider,  among other factors, the
  report presented to the court pursuant to  subdivision  two  of  section
  312.2 of this article.

  S 340.2. Presiding  judge.  1.  The  judge  who  presides  at  the
  commencement of the fact-finding hearing shall continue to preside until
  such hearing is concluded and an order entered pursuant to section 345.1
  unless a mistrial is declared.
    2. The judge who presides at the fact-finding hearing  or  accepts  an
  admission   pursuant  to  section  321.3  shall  preside  at  any  other
  subsequent hearing in the proceeding, including but not limited  to  the
  dispositional hearing.
    3. Notwithstanding the provisions of subdivision two, the rules of the
  family  court  shall  provide  for  the  assignment of the proceeding to
  another judge of the court when the appropriate judge cannot preside:
    (a) by reason of illness, disability, vacation or no  longer  being  a
  judge of the court in that county; or
    (b) by reason of removal from the proceeding due to bias, prejudice or
  similar grounds; or
    (c) because it is not practicable for the judge to preside.
    4. The provisions of this section shall not be waived.

  S 341.1. Exclusion  of  general  public.  The  general public may be
  excluded from any proceeding under this article and  only  such  persons
  and the representatives of authorized agencies as have a direct interest
  in the case shall be admitted thereto.

  S 341.2. Presence of respondent and his or her parent. 1. The respondent
  and  his or her counsel shall be personally present at any hearing under
  this article and at the initial appearance.
    2. If a respondent conducts himself or herself in  so  disorderly  and
  disruptive  a  manner  that  the  hearing  cannot be carried on with the
  respondent in the courtroom, the  court  may  order  a  recess  for  the
  purpose  of enabling the respondent's parent or other person responsible
  for his or her care  and  the  respondent's  counsel  to  exercise  full
  efforts  to assist the respondent to conduct himself or herself so as to
  permit the proceedings to resume in an orderly manner. If  such  efforts
  fail,  the  respondent may be removed from the courtroom if, after he or
  she is warned by the court that he or she will be  removed,  he  or  she
  continues  such  disorderly  and disruptive conduct. Such time shall not
  extend beyond the minimum period necessary to restore order.
    3. The respondent's parent or other person responsible for his or  her
  care  shall  be  present  at  any  hearing under this article and at the
  initial appearance. However, the  court  shall  not  be  prevented  from
  proceeding  by  the  absence  of such parent or person if reasonable and
  substantial effort has been made to notify such parent or  other  person
  and if the respondent and his or her counsel are present.

  S 342.1. The  fact-finding hearing; order of procedure. The order of
  the fact-finding hearing shall be as follows:
    1. The court shall permit the parties to deliver opening addresses. If
  both parties deliver opening addresses, the presentment agency's address
  shall be delivered first.
    2. The presentment agency  must  offer  evidence  in  support  of  the
  petition.
    3. The respondent may offer evidence in his defense.
    4.  The  presentment  agency  may  offer  evidence  in rebuttal of the
  respondent's evidence, and the respondent may  then  offer  evidence  in
  rebuttal  of  the  presentment  agency's  evidence. The court may in its
  discretion permit the parties to offer further rebuttal  or  surrebuttal
  evidence  in  this  pattern.  In  the interest of justice, the court may
  permit either party  to  offer  evidence  upon  rebuttal  which  is  not
  technically  of  a  rebuttal  nature  but  more  properly  a part of the
  offering party's original case.
    5. At the conclusion of the evidence, the respondent  shall  have  the
  right to deliver a summation.
    6.  The  presentment  agency  shall  then  have the right to deliver a
  summation.
    7. The court must then consider the case and enter a finding.

  S 342.2. Evidence in fact-finding hearings; required quantum. 1. Only
  evidence that is competent, material and relevant may be admitted  at  a
  fact-finding hearing.
    2.  Any determination at the conclusion of a fact-finding hearing that
  a respondent committed an act or acts which if  committed  by  an  adult
  would be a crime must be based on proof beyond a reasonable doubt.
    3.  An order of removal pursuant to a direction authorized by sections
  220.10, 310.85 and 330.25 of  the  criminal  procedure  law  constitutes
  proof  beyond a reasonable doubt and a determination that the respondent
  did the act or acts specified therein in accordance with section  725.05
  of the criminal procedure law.

  S 343.1. Rules of evidence; testimony given by children. 1. Any person
  may  be  a  witness  in  a delinquency proceeding unless the court finds
  that, by reason of infancy or mental disease  or  defect,  he  does  not
  possess  sufficient intelligence or capacity to justify reception of his
  evidence.
    2. Every witness more than nine years old may testify only under  oath
  unless  the  court is satisfied that such witness cannot, as a result of
  mental disease or defect, understand the nature of an  oath.  A  witness
  less  than nine years old may not testify under oath unless the court is
  satisfied that he or she understands the nature of  an  oath.  If  under
  either  of the above provisions, a witness is deemed to be ineligible to
  testify under oath, the witness may nevertheless be  permitted  to  give
  unsworn  evidence  if  the court is satisfied that the witness possesses
  sufficient intelligence and capacity to justify the reception thereof.
    3. A respondent may not be found to  be  delinquent  solely  upon  the
  unsworn evidence given pursuant to subdivision two.
    * 4.  A  child  witness  may  give  testimony  in  accordance with the
  provisions of article sixty-five of the criminal procedure law, provided
  such child is declared vulnerable in accordance with subdivision one  of
  section 65.10 of such law. A child witness means a person fourteen years
  old  or  less  who  is  or  will  be called to testify in any proceeding
  concerning an act defined in article one hundred thirty of the penal law
  or section 255.25, 255.26  or  255.27  of  such  law,  which  act  would
  constitute  a  crime  if  committed  by an adult. The provisions of this
  subdivision shall expire and be deemed repealed  on  the  same  date  as
  article  sixty-five  of the criminal procedure law expires and is deemed
  repealed pursuant to section five of chapter five hundred  five  of  the
  laws of nineteen hundred eighty-five, as from time to time, amended.
    * NB Repealed September 1, 2017

  S 343.2. Rules of evidence; corroboration of accomplice testimony. 1.
  A respondent may not be found to be delinquent upon the testimony of  an
  accomplice  unsupported by corroborative evidence tending to connect the
  respondent with the commission of the crime or  crimes  charged  in  the
  petition.
    2.   An  "accomplice"  means  a  witness  in  a  juvenile  delinquency
  proceeding who, according to evidence adduced in  such  proceeding,  may
  reasonably be considered to have participated in:
    (a) the crime charged; or
    (b)  a  crime  based  on the same or some of the same facts or conduct
  which constitutes the crime charged in the petition.
    3. A witness who is an accomplice as defined in subdivision two is  no
  less  such  because  a  proceeding, conviction or finding of delinquency
  against him would be barred or precluded by some  defense  or  exemption
  such  as  infancy,  immunity  or  previous  prosecution  amounting  to a
  collateral impediment to such proceeding,  conviction  or  finding,  not
  affecting  the  conclusion  that  such  witness  engaged  in the conduct
  constituting the crime with the mental state required for the commission
  thereof.

  S 343.3. Rules  of  evidence;  identification  by  means of previous
  recognition in absence of present identification.  1.  In  any  juvenile
  delinquency  proceeding  in which the respondent's commission of a crime
  is in issue, testimony as provided in subdivision two may be given by  a
  witness when:
    (a) such witness testifies that:
    (i) 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
    (ii)  on  a  subsequent  occasion  he  observed,  under  circumstances
  consistent  with  such  rights as an accused person may derive under the
  constitution of this state or of the United States,  a  person  whom  he
  recognized  as  the  same  person  whom  he  had  observed  on the first
  incriminating occasion; and
    (iii) he is unable at the proceeding to state, on the basis of present
  recollection, whether or not the respondent is the person  in  question;
  and
    (b)  it  is established that the respondent is in fact the person whom
  the witness observed and recognized on the second  occasion.  Such  fact
  may be established by testimony of another person or persons to whom the
  witness promptly declared his recognition on such occasion.
    2. Under circumstances prescribed in subdivision one, such witness may
  testify  at  the  proceeding  that  the  person  whom  he  observed  and
  recognized on the second occasion is the same person whom he observed on
  the first or incriminating occasion. Such testimony, together  with  the
  evidence  that  the  respondent  is  in fact the person whom the witness
  observed and recognized on the second occasion, constitutes evidence  in
  chief.

  S 343.3. Rules  of  evidence;  identification  by  means of previous
  recognition, in addition to  present  identification.  In  any  juvenile
  delinquency  proceeding  in which the respondent's commission of a crime
  is in issue, a witness who testifies that: (a) 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  (b)  on  the  basis  of present
  recollection, the respondent is the person in question,  and  (c)  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.

  S 343.5. Rules  of  evidence; impeachment of own witness by proof of
  prior contradictory statement. 1. When, upon examination  by  the  party
  who  called  him,  a witness in a delinquency proceeding gives testimony
  upon a material issue of the case which tends to disprove  the  position
  of  such  party, such party may introduce evidence that such witness has
  previously made either a written statement signed  by  him  or  an  oral
  statement under oath contradictory to such testimony.
    2.  Evidence  concerning  a  prior  contradictory statement introduced
  pursuant to subdivision one may be received  only  for  the  purpose  of
  impeaching  the credibility of the witness with respect to his testimony
  upon the subject, and does not constitute evidence in chief.
    3. When  a  witness  has  made  a  prior  signed  or  sworn  statement
  contradictory  to  his  testimony  in  a  delinquency  proceeding upon a
  material issue of the case, but his testimony does not tend to  disprove
  the  position  of  the party who called him and elicited such testimony,
  evidence that the witness made such prior statement is  not  admissible,
  and  such  party  may  not  use  such prior statement for the purpose of
  refreshing the recollection of the witness in a  manner  that  discloses
  its contents to the court.

  S 344.1. Rules  of  evidence;  proof  of  previous  conviction  or
  delinquency finding. 1. If in  the  course  of  a  juvenile  delinquency
  proceeding,  any  witness,  including  a  respondent,  is properly asked
  whether he was previously convicted of a specified offense  and  answers
  in  the negative or in an equivocal manner, the party adverse to the one
  who called him may independently prove such conviction. If  in  response
  to  proper inquiry whether he has ever been convicted of any offense the
  witness answers in the negative or in an equivocal manner,  the  adverse
  party may independently prove any previous conviction.
    2.  If  a respondent in a juvenile delinquency proceeding, through the
  testimony of a witness other  than  respondent  called  by  him,  offers
  evidence of his good character, the presentment agency may independently
  prove  any previous finding of delinquency of the respondent for a crime
  the commission of which would tend to  negate  any  character  trait  or
  quality attributed to the respondent in such witness' testimony.

  S 344.2. Rules of evidence; statements of respondent; corroboration.
  1. Evidence of  a  written  or  oral  confession,  admission,  or  other
  statement made by a respondent with respect to his participation or lack
  of  participation  in the crime charged, may not be received in evidence
  against him in a juvenile delinquency proceeding if such  statement  was
  involuntarily made.
    2.  A confession, admission or other statement is "involuntarily made"
  by a respondent when it is obtained from him:
    (a) by any person by the use or threatened use of physical force  upon
  the  respondent  or  another  person,  or by means of any other improper
  conduct or undue pressure which impaired the  respondent's  physical  or
  mental  condition  to  the  extent  of undermining his ability to make a
  choice whether or not to make a statement; or
    (b) by a public servant engaged in law enforcement activity  or  by  a
  person then acting under his direction or in cooperation with him:
    (i)  by  means  of  any promise or statement of fact, which promise or
  statement creates a substantial risk that the respondent  might  falsely
  incriminate himself; or
    (ii) in violation of such rights as the respondent may derive from the
  constitution of this state or of the United States; or
    (iii) in violation of section 305.2.
    3.  A  child may not be found to be delinquent based on the commission
  of any crime solely upon evidence of a confession or admission  made  by
  him without additional proof that the crime charged has been committed.

  S 344.3. Rules  of evidence; psychiatric testimony in certain cases.
  When, in connection with a  defense  of  mental  disease  or  defect,  a
  psychiatrist  or  licensed  psychologist who has examined the respondent
  testifies at the fact-finding hearing concerning the respondent's mental
  condition at the time of the conduct charged to constitute a  crime,  he
  must  be  permitted  to  make  a  statement  as  to  the  nature  of the
  examination, the diagnosis of the mental condition of the respondent and
  his opinion as to the extent, if any,  to  which  the  capacity  of  the
  respondent  to  know  or  appreciate the nature and consequences of such
  conduct, or its wrongfulness, was impaired as a result of mental disease
  or defect at that time. The psychiatrist must be permitted to  make  any
  explanation reasonably serving to clarify his diagnosis and opinion, and
  may  be  cross-examined  as  to  any matter bearing on his competency or
  credibility or the validity of his diagnosis or opinion.

  S 344.4. Rules  of  evidence;  admissibility of evidence of victim's
  sexual conduct in sex offense  cases.  Evidence  of  a  victim's  sexual
  conduct shall not be admissible in a juvenile delinquency proceeding for
  a  crime  or an attempt to commit a crime defined in article one hundred
  thirty of the penal law unless such evidence:
    1. proves or tends to prove specific instances of the  victim's  prior
  sexual conduct with the accused; or
    2.  proves  or tends to prove that the victim has been convicted of an
  offense under section 230.00 of the penal law within three  years  prior
  to  the  sex  offense  which  is the subject of the juvenile delinquency
  proceeding; or
    3. rebuts  evidence  introduced  by  the  presentment  agency  of  the
  victim's  failure  to engage in sexual intercourse, oral sexual conduct,
  anal sexual conduct or sexual contact during a given period of time; or
    4. rebuts evidence introduced by the presentment agency  which  proves
  or  tends to prove that the accused is the cause of pregnancy or disease
  of the victim, or the source of semen found in the victim; or
    5. is determined by the court after an offer of proof by the  accused,
  or  such  hearing as the court may require, and a statement by the court
  of its findings of fact essential to its determination, to  be  relevant
  and admissible in the interests of justice.

  S 345.1. Orders.  1.  If  the  allegations of a petition or specific
  counts of a petition concerning the commission of a crime or crimes  are
  established,  the  court shall enter an appropriate order and schedule a
  dispositional hearing pursuant to section 350.1. The order shall specify
  the count or counts of the petition upon which such order is  based  and
  the  section  or  sections of the penal law or other law under which the
  act or acts so stated would constitute a crime if committed by an adult.
  If  the  respondent  or  respondents  are  found  to  have  committed  a
  designated felony act, the order shall so state.
    2.  If  the allegations of a petition or specific counts of a petition
  under this article are not established, the court shall enter  an  order
  dismissing the petition or specific counts therein.

  S 346.1. Fact-finding  hearing;  removal.  Where  the proceeding was
  commenced by the filing of an order of removal pursuant to  a  direction
  authorized by section 220.10, 310.85 or 330.25 of the criminal procedure
  law,  the requirements of a fact-finding hearing shall be deemed to have
  been satisfied upon the filing of the order and no further  fact-finding
  hearing  need  be  held; provided, however, that where any specification
  required by subdivision five of section 725.05 of the criminal procedure
  law is not clear, the court  may  examine  such  records  or  hold  such
  hearing as it deems necessary to clarify said specification.

  S 347.1. Required  testing of the respondent in certain proceedings.
  1. (a) In any proceeding where  the  respondent  is  found  pursuant  to
  section  345.1  or  346.1  of  this  article, to have committed a felony
  offense enumerated in any section of article one hundred thirty  of  the
  penal  law,  or any subdivision of section 130.20 of such law, for which
  an act of "sexual intercourse", "oral sexual conduct"  or  "anal  sexual
  conduct", as those terms are defined in section 130.00 of the penal law,
  is  required  as  an  essential  element for the commission thereof, the
  court must, upon a request of the  victim,  order  that  the  respondent
  submit  to  human immunodeficiency (HIV) related testing. The testing is
  to be conducted by a state,  county,  or  local  public  health  officer
  designated  by  the order. Test results, which shall not be disclosed to
  the court, shall be communicated to the respondent and the victim  named
  in  the  order in accordance with the provisions of section twenty-seven
  hundred eighty-five-a of the public health law.
    (b) For the purposes of this section,  the  term  "victim"  means  the
  person   with   whom  the  respondent  engaged  in  an  act  of  "sexual
  intercourse", "oral sexual conduct" or "anal sexual conduct",  as  those
  terms are defined in section 130.00 of the penal law, where such conduct
  with  such  victim  was  the  basis  for  the  court's  finding that the
  respondent committed acts constituting  one  or  more  of  the  offenses
  specified in paragraph (a) of this subdivision.
    2.  Any request made by the victim pursuant to this section must be in
  writing, filed with the court and provided by the court to the defendant
  and his or her counsel. The request must be filed with the  court  prior
  to  or  within  ten days after the filing of an order in accordance with
  section 345.1 or 346.1 of this article, provided that,  for  good  cause
  shown,  the  court may permit such request to be filed at any time prior
  to the entry of an order of disposition.
    3. Any requests, related papers and orders made or filed  pursuant  to
  this  section,  together with any papers or proceedings related thereto,
  shall be sealed by the court and not made  available  for  any  purpose,
  except  as  may  be  necessary  for  the conduct of judicial proceedings
  directly related to the provisions of this section. All  proceedings  on
  such requests shall be held in camera.
    4.  The  application for an order to compel a respondent to undergo an
  HIV related test may be made by the victim but,  if  the  victim  is  an
  infant  or  incompetent  person,  the  application may also be made by a
  representative as defined in section twelve hundred  one  of  the  civil
  practice  law  and  rules.  The  application  must  state  that  (a) the
  applicant was the victim of the offense, enumerated in paragraph (a)  of
  subdivision  one of this section, which the court found the defendant to
  have committed; and (b) the applicant has been offered counseling  by  a
  public  health  officer  and  been advised of (i) the limitations on the
  information to be obtained through an HIV test on the proposed  subject;
  (ii)  current  scientific assessments of the risk of transmission of HIV
  from the exposure he or she may have experienced; and (iii) the need for
  the applicant to undergo HIV related testing to  definitively  determine
  his or her HIV status.
    5. The court shall conduct a hearing only if necessary to determine if
  the  applicant  is the victim of the offense the respondent was found to
  have committed. The court ordered test must be performed within  fifteen
  days  of  the date on which the court ordered the test, provided however
  that whenever the respondent is not tested within the period  prescribed
  by  the court, the court must again order that the respondent undergo an
  HIV related test.
    6. (a) Test results  shall  be  disclosed  subject  to  the  following
  limitations,  which  shall  be specified in any order issued pursuant to
  this section:
    (i)  disclosure  of  confidential  HIV  related  information  shall be
  limited to that information which is necessary to  fulfill  the  purpose
  for which the order is granted;
    (ii)  disclosure  of  confidential  HIV  related  information shall be
  limited to the person making  the  application;  redisclosure  shall  be
  permitted  only  to the victim, the victim's immediate family, guardian,
  physicians, attorneys, medical or mental health providers and to his  or
  her  past  and future contacts to whom there was or is a reasonable risk
  of HIV transmission and shall not be permitted to any  other  person  or
  the court.
    (b)  Unless  inconsistent  with  this section, the court's order shall
  direct  compliance  with  and  conform  to  the  provisions  of  article
  twenty-seven-F  of  the  public  health  law.  Such  order shall include
  measures to protect against disclosure to others of the identity and HIV
  status of the applicant and of the person tested and  may  include  such
  other  measures  as  the  court  deems necessary to protect confidential
  information.
    7. Any failure to comply  with  the  provisions  of  this  section  or
  section  twenty-seven  hundred  eighty-five-a  of  the public health law
  shall not impair the validity of any order of disposition entered by the
  court.
    8. No information obtained as a result of a consent, hearing or  court
  order  for  testing  issued pursuant to this section nor any information
  derived therefrom may be used as  evidence  in  any  criminal  or  civil
  proceeding  against the respondent which relates to events that were the
  basis for the respondent's conviction,  provided  however  that  nothing
  herein  shall  prevent  prosecution of a witness testifying in any court
  hearing held pursuant to this section for perjury  pursuant  to  article
  two hundred ten of the penal law.

 Top of Page

Disclaimer: While every effort has been made to ensure that the information contained in this site is accurate and current, readers should consult with a qualified attorney before acting on any such information. No liability is assumed by YPDcrime.com for any losses suffered directly or indirectly by any person relying on the information because its accuracy cannot be guaranteed.