N.Y. Criminal Procedure Law § 60.15 : Rules Of Evidence, Standards Of Proof And Related Matters — Criminal Procedure — Rules Of Evidence And Related Matters — Rules of evidence; what witnesses may be called Date: 23 Jun 2016 TEXT PDF Current through 2016 New York Laws, Chapters 1 to 237 1. Unless otherwise expressly provided, in any criminal proceeding involving a defendant in which evidence is or may be received, both the people and the defendant may as a matter of right call and examine witnesses, and each party may cross-examine every witness called by the other party. 2. A defendant may testify in his own behalf, but his failure to do so is not a factor from which any inference unfavorable to him may be drawn. N.Y. Crim. Proc. Law § 60.15