Legislation
SECTION 60.48
Rules of evidence; admissibility of evidence of victim's manner of dress in sex offense cases
Criminal Procedure (CPL) CHAPTER 11-A, PART 1, TITLE D, ARTICLE 60
§ 60.48 Rules of evidence; admissibility of evidence of victim's manner
of dress in sex offense cases.
Evidence of the manner in which the victim was dressed at the time of
the commission of an offense may not be admitted in a prosecution for
any offense, or an attempt to commit an offense, defined in article one
hundred thirty of the penal law, unless such evidence is determined by
the court to be relevant and admissible in the interests of justice,
after an offer of proof by the proponent of such evidence outside the
hearing of the jury, or such hearing as the court may require, and a
statement by the court of its findings of fact essential to its
determination.
of dress in sex offense cases.
Evidence of the manner in which the victim was dressed at the time of
the commission of an offense may not be admitted in a prosecution for
any offense, or an attempt to commit an offense, defined in article one
hundred thirty of the penal law, unless such evidence is determined by
the court to be relevant and admissible in the interests of justice,
after an offer of proof by the proponent of such evidence outside the
hearing of the jury, or such hearing as the court may require, and a
statement by the court of its findings of fact essential to its
determination.