Statements specifically considered not hearsay.
Prior inconsistent statements made under oath at trial or hearing, used to impeach defendant's credibility. If not under oath, then still good for impeachment purposes. NY
: inconsistent statements signed and in writing OR under oath are admissible for substantive purposes in addition to impeachment purposes.
Prior consistent statements, under oath or not.
Prior statements of identification
Admissions by party-opponent (NY:
these are an exception to the hearsay rule, i.e., they are hearsay, but fall within an exception):
- judicial admissions
- adoptive admissions by silence
- vicarious admissions by agents, employees, or co-conspirators (NY: inadmissible hearsay unless agent was authorized to speak on event; co-conspirator testimony admitted only upon showing of prima facie case for conspiracy)