NY voucher rule
: cannot impeach own witness on direct, unless on non-collateral matter, to show inconsistent statements of adverse party, show prior inconsistent under-oath statements of the witness, and to pre-empt impeachment from adverse party.
Evidence of reputation or opinion
may be used to impeach witness's character for truthfulness or untruthfulness.
: witnesses may only offer testimony of another witness' reputation for truthfulness, and NOT opinon of witness's character.
Witness may be impeached based on prior bad acts
on cross-exam if judge determines the bad acts are probative of untruthfulness.
: may present evidence of prior bad acts that relate to truth, are immoral or vicious, or reveal willingness to place witness's own interests above principle or interest of society.
May be impeached with evidence of past crimes convictions
, subject to limitations:
- crimes <10 years involving dishonesty ALWAYS allowed
- crimes <10 years not involving dishonesty admissible if a felony.
- crimes >10 years NOT admissible unless judge finds probative value outweighs prejudicial effect
: if defendant equivocates or denies prior convictions, adverse party may introduce extrinsic evidence of the crime. If defendant admits the previous conviction, no further evidence may be produced concerning the conviction. Defendant is entitled to pretrial hearing to determine what evidence of prior convictions can and will be used against him.
Prior inconsistent statement
s may be used to impeach
: prior inconsistent statements only to impeach witness's credibility, not for evidence in chief.
Evidence of bias
can be used to impeach
Evidence of sensory incompetence
cand be used to impeach