New York S00464 aims to protect defendants by presuming inadmissibility of their creative expression in criminal cases.
New York S00464 amends the criminal procedure law to establish a presumption against the admissibility of a defendant's creative or artistic expression in criminal proceedings. This expression includes original or derivative works such as music, dance, visual art, and literature. To overcome this presumption, the party offering the evidence must prove by clear and convincing evidence that the expression has a literal meaning, a strong factual connection to the crime, relevance to a disputed fact, and distinct evidence against the defendant.
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