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GUIDE TO NEW YORK EVIDENCE


INDEX

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Abused Person Syndrome 7.06
Accomplice Testimony; Corroboration 6.09
Admissibility of graphic, numerical, symbolic or pictorial representations of medical or diagnostic tests 9.09
Admission by Adopted Statement or Silence 8.05
Admission by a Party 8.03
Adopted Statement, Admission by 8.05
Alcohol (or Drugs) in Blood, Evidence of 4.21
Alibi, Impeachment of 6.26
Anatomically Correct Dolls 11.05
Ancient Documents 8.07

Ancient Filed Maps, Surveys and Records Affecting Real Property

3.22
Appearance, Condition, or Capability Exhibited 11.11
Attorney Privilege 5.03
Authenticating and Identifying Evidence, In General 9.01
Authentication & Identification, Methods of 9.02
Authentication & Identification, Self-Authenticating 9.03
   
Best Evidence 10.03
Best Evidence Definitions 10.01
Best Evidence Exception for Admissions 10.09
Best Evidence Exception for Reproductions & Copies 10.05
Best Evidence Exception for Voluminous Material 10.11
Best Evidence Exception when Original Lost or Collateral 10.07

Battered Women's Syndrome, see Abused Person Syndrome

 
Bias, Hostility, Interest, Impeachment by 6.13
Bills for Service or Repairs not in excess of $2,000 3.33-a
Bruton: Defendant's Statement Implicates Codefendant 4.20
Business Record 8.08
   
Certificate or affadavit of Public Officer 3.20
Certificates Concerning Judgments of Conviction & Fingerprints 3.60
Character Evidence (see rule 8.39 [Reputation Evidence] & rule 6.23 [Impeachment by Reputation for Untruthfulness & Rebuttal]) 4.07.1
Child Abuse Syndrome 7.08
Child's Age, Determined 11.07
Child's Competency to Testify 6.05
Circumstantial and Direct Evidence Defined 4.02
Clergy Privilege 5.05
Coconspirator Statement 8.09
Confrontation Clause, Hearsay Admissibility Limited by Crawford 8.02
Compency of Judge as Witness 6.02.3
Competency of Juror as Witness or to Impeach a Verdict 6.02.5
Competency of Witness to Testify 6.01
Competency of Witness when Previously Hypnotized 6.02
Complainant's Sexual Conduct or Dress 4.22
Completing and Explaining Relevant Evidence 4.03
Conditional Relevance (Subject to Connection) 4.05
Condoms, Possession of 4.40
Confession or Admission; Corroboration 4.46
Connecting Physical Evidence to Defendant 4.23
Consciousness of Guilt 4.24
Contracts in Small Print 4.12

Conveyance of Property without the State

3.24
Corroboration of Accomplice Testimony 6.09
Corroboration of Defendant's Statements 4.46
Court Control Over Presentation of Evidence 1.07
Court Determination of Preliminary Questions 1.11
Court Power to Call and Examine Witnesses 1.09
Court Reconsideration of an Evidence Ruling 1.13

Culpability of a Third Party

4.26
   

Dead Man’s Statute

6.02.1

Death or Other Status of a Missing Person

3.27
Declaration Against Interest 8.11
Declaration of Future Intent 8.13
Defendant's Right to Present a Defense 4.26.1
Defendant's Testimony Re: Intent, Knowledge, Motive 4.27
Demonstrations and Experiments 11.09
Demonstrative Evidence 11.03
Diagnosis or Treatment, Statement thereof 8.43
Direct and Circumstantial Evidence Defined 4.02
DNA Evidence 7.21
Domestic Violence Advocate 5.10
Drugs (or Alcohol) in Blood, Evidence of Chemical Test 4.21
Drugs, Destroyed Per Court Order, Evidence of 4.30
Dying Declaration 8.15
   
Erroneous Ruling, Effect 12.05
Evidence of Chemical Tests (Alcohol or Drugs in Blood) 4.21
Evidence of Crimes & Wrongs (Molineux) 4.38
Evidence of Pleas and Ancillary Statements 4.32
Evidence Ruling, Court Reconsideration of 1.13
Exception or Proviso 4.33
Excited Utterance 8.17
Exclusion of Relevant Evidence 4.06
Exclusion of Disruptive Defendant 603.1
Exclusion of Witness & Ban on Discussing Testimony 6.03
Exhibition of a Person's Appearance, Condition, or Capability 11.11
Exhibits Given to the Jury 11.10
Experiment & Demonstrations 11.09
Expert Testimony, Drug Transaction 7.13
Expert Testimony, Reliability of Confessions 7.15
Expert Testimony, Reliability of Identifications 7.17
Expert Witness, Opinion 7.01
Extrinsic Evidence 6.11
   
False Confession, Expert Testimony 7.15
Formal & Informal Judicial Admissions 8.23
Forfeiture by Wrongdoing 8.19
Future Intent, Declaration of 8.13
   
Gang Membership & Activity 4.34
   
Habit 4.07.2
Hearsay Art 8
Hearsay Admissibility Limited by Confrontation Clause 8.02
Hearsay Definition 8.00
Hearsay in Hearsay 8.21

Hypnotized Witness

6.02
   
Identification, Expert Testimony 7.17
Identification of a Defendant 4.35
Identification; Composite Sketch 4.35.1
Identification; First Time-In Court 4.35.3
Identification; Non-Eyewitness Video or Photo 4.35.5
Impeachment by Benefit to Witness 6.12
Impeachment by Bias, Hostility, Interest 6.13

Impeachment by Improperly Obtained Evidence

6.14
Impeachment by Inconsistent Statement 6.15
Impeachment by Misconduct 6.17
Impeachment by Prior Conviction 6.19
Impeachment by Recent Fabrication 6.20
Impeachment by Religious Belief 6.21
Impeachment by Reputation 6.23
Impeachment by Silence 6.25
Impeachment of Alibi 6.26
Impeachment of Hearsay Declarant 6.27

Impeachment of Law Enforcement Officer

6.29
Impeachment When Authorize & Provable by Extrinsic Evidence 6.11
Interpreter for Witness or Party 6.04
Inconsistent Statement, Impeachment by 6.15
Inconsistent Statement, Prior Statement's Admissibility 8.33
Informal & Formal Judicial Admissions 8.23
Inspection Certificate Issued by US Dept of Agriculture 3.29
Intent, Knowledge, Motive; Defendant's Testimony of 4.27
Intoxication of Defendant, Effect on Liability 4.36
   
Joint Tortfeasor, Payment by 4.17
Judicial Admissions: Informal & Formal 8.23
Judge as Witness, Incompency of 6.02.3
Judicial Notice of Facts 2.01
Judicial Notice of Law 2.03
Judicial Notice of Map Information 2.05
   
Knowledge, Intent, Motive; Defendant's Testimony of 4.27
   
Lack of Record 3.21
Lay Witness, Opinion 7.03
Liability Insurance 4.15
Library Privilege 5.09
Limited Admissibility of Relevant Evidence 4.07
   

Market Reports

8.24
Marriage Certificate 3.26
Mental Disease or Defect Defense 4.37
Methods of Authentication & Identification 9.02
Missing Witness 6.10
Motive, Intent, Knowledge; Defendant's Testimony of 4.27
Molineux:Evidence of Crimes & Wrongs 4.38
Motive to Commit an Offense 4.39
   
Oath or Affirmation for Witness to Testify 6.05
Offers to Compromise 4.16

Opening the Door to Evidence

4.08
Opinion of Expert Witness 7.01
Opinion of Lay Witness 7.03
Opioid Aantagonist, Possession of 4.42
   
Pain, Illness, or Condition; Statement by Unavailable Source 8.45
Parent-child Privilege 5.50
Past Recollection Recorded 8.25
Payment by Joint Tortfeasor 4.17
Payment of Medical Expenses 4.18
Pedigree 8.27
Person's Appearance, Condition, or Capability Exhibited 11.11
Personal Knowledge Testimony 6.07
Photographs 9.13
Physical Evidence, Connecting to Defendant 4.23
Physician Privilege 5.04
Pleas and Ancillary Statements, Evidence of 4.32
Population Certificate 3.30
Possession of Condoms, Receipt into Evidence 4.40
Possession of Opioid Aantagonist, Receipt into Evidence 4.42
Preliminary Questions, Court Determination of 1.11
Present Sense Impression 8.29
Presentation of Evidence, Court Control Over 1.07
Preservation of Error for Appellate Review 12.01
Presumptions in Civil Proceedings 3.01
Presumptions in Criminal Proceedings Accorded People 3.03
Presumptions in Criminal Proceedings Accorded Defendant 3.05
Presumption of Regularity 3.07
Previous Conviction, When Proof Allowed 4.44
Prima Facie Evidence Art 3
Prior Consistent Statement 8.31
Prior Conviction, Impeachment by 6.19
Prior Crimes and Wrongs (Molineux) 4.28
Prior Inconsistent Statement 8.33
Prior Judgment of Conviction 8.35
Prior Testimony in Civil Proceeding 8.36
Prior Testimony in Criminal Proceeding 8.37
Privileges Art 5
Privileged Communications; Electronic Communication thereof 5.48

Process server - Affidavit of Service or Posting by Person Unavailable at Trial

3.20
Proof of Proceeding before Justice of Peace 3.41
Prompt Outcry 8.38
Psychologist Privilege 5.07
Public Record or Document 3.20
Purpose & Construction of the Guide to NY Evidence 1.01
   
Rape Crisis Counselor 5.10
Rape Trauma Syndrome 7.10
Real Evidence 11.01
Refreshing Witness Recollection 6.08
Relevant Evidence (see also GNYE rule 4.07.1 [Character Evidence] & GNYE rule 6.23 [Impeachment by Reputation for Untruthfulness & Rebuttal] 4.01
Relevant Evidence, Completing and Explaining 4.03
Relevant Evidence, Exclusion of 4.07
Relevant Evidence, Restricted Admissibility of 4.09
Relevant Evidence, Subject to Connection 4.05
Reputation Evidence 8.39
Res Ipsa Loquitor 3.02
   
Scientific Evidence 7.19
Scope & Manner of Examination of Witnesses 6.10
Scope of the Guide to NY Evidence 1.03

Search by Title Insurance or Abstract Co.

3.23
Self-Authenticating Evidence 9.03
Self-Incrimination Privilege 5.01
Sexual Conduct or Dress of Complainant 4.22
Silence, Admission 8.05
Silence, Impeachment by 6.25
Social Worker Privilege 5.08
Spoliation 4.18.1
Spousal Privilege 5.02

Standard of Measurement Used by Surveyor

3.34
State of Mind 8.41
Statement for Diagnosis or Treatment 8.43
Statement of Pain, Illness, or Condition by Unavailable Declarant 8.45
Subject to Connection - Conditional Relevance 4.05
Subsequent Remedial Measure 4.19
   

Third Party Culpability

4.26
Title of the Guide to NY Evidence 1.00
   

UCC - Copies of Statements under article 9 of the UCC

3.25
   
Verbal Act 8.47
Viewing Premises 11.15

Video Recordings

9.14
   

Weather Certificate

3.28
Witness, Competency to Testify 6.01
Witness, Competency When Previously Hypnotized 6.02
Witness, Court Power to Call and Examine 1.07
Witness, Exclusion of 6.03
Witness, Missing 6.10
Witness, Oath or Affirmation to Testify 6.05
Witness, Refreshing Recollection 6.08
Witness, Scope & Manner of Examination 6.10