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N.Y. FCT Law § 325.2

This is the official text of N.Y. FCT Law § 325.2, part of New York’s FCT Law — part of the compiled statutory law of New York, published by the state as "FCT Law." Browse the sections below, each linked to its official government source.

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The probable-cause hearing; order of proceeding

Official statutory text

§ 325.2. The probable-cause hearing; order of proceeding. 1. The order\nof a probable-cause hearing held pursuant to section 325.1 or 322.2\nshall be as follows:\n (a) the presentment agency must call and examine witnesses and offer\nevidence in support of the charge;\n (b) the respondent may, as a matter of right, testify in his own\nbehalf; if the respondent so testifies, his testimony may not be\nintroduced against him in any future proceeding, except to impeach his\ntestimony at such future proceeding as inconsistent prior testimony;\n (c) upon request of the respondent, the court shall, except for good\ncause shown, permit him to call and examine other witnesses or to\nproduce other evidence in his behalf.\n 2. Each witness, whether called by the presentment agency or by the\nrespondent, must, unless he would be authorized to give unsworn evidence\nat a fact-finding hearing, testify under oath. Each witness, including\nany respondent testifying in his own behalf, may be cross-examined.\n 3. Only non-hearsay evidence shall be admissible to demonstrate\nreasonable cause to believe that the respondent committed a crime;\nexcept that reports of experts and technicians in professional and\nscientific fields and sworn statements of the kinds admissible at a\nhearing upon a felony complaint in a criminal court may be admitted,\nunless the court determines, upon application of the respondent, that\nsuch hearsay evidence is, under the particular circumstances of the\ncase, not sufficiently reliable, in which case the court shall require\nthat the witness testify in person and be subject to cross-examination.\n 4. Such hearing should be completed at one session. In the interest of\njustice, however, it may be adjourned by the court, but no such\nadjournment may be for more than one court day.\n

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.