NY Evidence Rules Flashcards
6 cards from real NYLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 NY Evidence Rules flashcards as text
Under New York law, what is the Frye standard for admissibility of expert scientific testimony?
Answer: The scientific technique or principle must be generally accepted in the relevant scientific community
New York applies the Frye standard (from Frye v. United States), which requires that expert scientific testimony be based on techniques or principles that have gained general acceptance in the relevant scientific community.
Under New York law, how may a prior inconsistent statement of a non-party witness generally be used at trial?
Answer: Only to impeach the witness's credibility; it is not evidence in chief unless it independently satisfies a hearsay exception
In New York a prior inconsistent statement is received only to impeach credibility and is not evidence in chief (CPL 60.35(2) in criminal cases; CPLR 4514 in civil cases, which permits impeachment by a prior inconsistent statement that is in writing and subscribed or made under oath). It becomes substantive proof only if it independently fits another rule, such as a party admission or CPL 60.25/60.30 for prior identifications.
Under CPLR 4504, what is the scope of the physician-patient privilege in New York?
Answer: It protects confidential information acquired by a physician while attending a patient in a professional capacity and necessary for treatment
CPLR 4504(a) provides that a physician shall not disclose information acquired in attending a patient in a professional capacity that was necessary to enable the physician to act in that capacity.
Under New York evidence law, what is the 'best evidence rule'?
Answer: When the contents of a writing are at issue, the original document must be produced or its absence satisfactorily explained
The best evidence rule requires production of the original document when the contents of a writing are in dispute, unless the absence of the original is satisfactorily explained.
Under New York law, what is the Sandoval hearing?
Answer: A pre-trial hearing to determine what prior convictions the prosecution may use to impeach the defendant if they testify
A Sandoval hearing (from People v. Sandoval) is a pre-trial hearing where the court determines which of the defendant's prior convictions and bad acts the prosecution may inquire about for impeachment if the defendant testifies.
Under New York law, when is a spontaneous declaration (excited utterance) admissible as an exception to the hearsay rule?
Answer: When the statement was made while the declarant was under the stress of a startling event, without opportunity for deliberation
A spontaneous declaration is admissible when made under the stress and excitement of a startling event, before the declarant had time for reflection or fabrication.