NY DISTINCTIONS EVIDENCE
Terms
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- Determining Relevence: Habit
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Habit Evidence usually inadmissible
In products liability cases, habit evidence is admissible to establish P used product in a particular way - Policy-Based Relevance: subsequent remedial measures
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in manufacturing defect case, SRM are admissible to establish defectiveness of product when made
contrast: in design defect of failure to warn case, post-modifications admissible ONLY to defeat the manufacturer's claim that at the time of manufacture, such modifications were not feasible. - Policy-based relevance: withdrawn guilty pleas
- Ny allows a withdrawn guilty please to be used as an admission in a subsequent civil proceeding arising out of the same facts
- character evidence: how D proves character
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charater witness may testify in criminal cases about the D reputaion (not give opinion) in the community and only to those traits that are relevant to crime involved
(same rule for prosecusion rebuttal witnesses) - character evidence: how prosecution rebuts D character evidence
- NY allows introduction of prior convictions only when they adversely afect the character trait in issue
- character evidence: rape case
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evidence relating to victim's sexual conduct is admissinle if it has a proper bearing on the D guilt or innocence:
(1) V conviction for prostitution within 3 years prior to the sex offense that is the subject of the prosecution - a competency of witness: appreciation of Oath Obligation
- conviction cannot be had on unsworn testimony alone
- dead man acts: applicable to civil cases only
- applies general provisions of the dead man act and extends coverage to incompetents
- dead man acts: automobile exception
- a survivor is competent to testify as to facts of negligence or contributory negligence invovled in an accident
- credibility impeachment: means of proof
- an admission by the witness on cross-examination that he has been convicted DOES NOT PRECLUDE the cross-examiner from questioning the witness further to ascertain the criminal act that was the basis of the conviction
- credibility impeachment: specific instances of misconduct - bad acts
- NY adopts broader standard and allows inquiry into immoral, vicious or criminal acts that affect credibility
- statements that are non-hearsay under federal rules: prior inconsistant statements
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PIS made in writing and signed OR under oath admissibe in both civil and criminal cases to impeach a witness's testimony
PISs not admissible as substantive evidence in criminal cases - statements that are nonhearsay under the federal rules: admissions by Party-Opponent
- exception to heasay rule
- Hersay exceptions -declarant unavailable: dying declarations
- admissible only in a homicide case and only if relates to the declarant's death
- Hearsay exceptions - declarant's availability immaterial: present sense impressions
- corroboration required
- hearsay exceptions - declarant's availability immaterial: business records - records prepared for litigation
- accident reports prepared in the regular course of business operations or practice are admissible in NY , even if made in anticipation of future litigation