Eyewitness Identification Reform in New York
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.