§ 343.4. 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 or she 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 or she observed the respondent, or, where the
observation is made pursuant to a blind or blinded procedure, a
pictorial, photographic, electronic, filmed or video recorded
reproduction of 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 or her or
the pictorial, photographic, electronic, filmed or video recorded
reproduction of him or her as the same person whom he or she 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 or she
observed on the first or incriminating occasion, also describe his or
her previous recognition of the respondent and testify that the person
whom he or she observed or whose pictorial, photographic, electronic,
filmed or video recorded reproduction he or she observed on such second
occasion is the same person whom he or she had observed on the first or
incriminating occasion. Such testimony and such pictorial, photographic,
electronic, filmed or video recorded reproduction constitutes evidence
in chief. For purposes of this section, a "blind or blinded procedure"
shall be as defined in paragraph (c) of subdivision one of section 343.3
of this part.