NY Evidence Rules Flashcards

Under New York evidence law, what is the 'Dead Man's Statute' (CPLR 4519)?

Answer: A rule barring testimony by an interested party about personal transactions or communications with a deceased person

CPLR 4519 (the Dead Man's Statute) bars an interested witness from testifying about personal transactions or communications with the deceased in an action by or against the decedent's estate.

Under New York law, which of the following is a recognized exception to the hearsay rule?

Answer: A statement made for purposes of medical diagnosis or treatment

New York recognizes the medical diagnosis or treatment exception, allowing statements made to medical professionals for purposes of obtaining diagnosis or treatment.

Under CPLR 4518, what foundation must be laid for the admission of a business record?

Answer: The record was made in the regular course of business, at or near the time of the event, by someone with knowledge or from information transmitted by someone with knowledge

CPLR 4518(a) requires that a business record be made in the regular course of business, at or near the time of the act or event, by a person with knowledge or from information transmitted by a person with knowledge, and that it was the regular practice of the business to make such records.

Under New York evidence law, what is the Molineux rule?

Answer: Evidence of a defendant's prior bad acts is generally inadmissible to show criminal propensity but may be admitted for other purposes such as motive, intent, identity, or common scheme

The Molineux rule (from People v. Molineux) prohibits evidence of prior uncharged crimes to show propensity but allows it for specific purposes like motive, intent, identity, common scheme or plan, or absence of mistake.

Under New York law, what is the scope of the attorney-client privilege?

Answer: It protects confidential communications between an attorney and client made for the purpose of obtaining or providing legal advice

The attorney-client privilege under CPLR 4503 protects confidential communications between an attorney and client made in the course of professional employment for the purpose of obtaining legal advice.

Under New York evidence law, what is required to authenticate a document before it can be admitted into evidence?

Answer: Sufficient evidence to support a finding that the document is what the proponent claims it to be

Authentication under New York law requires the proponent to produce evidence sufficient to support a finding that the item is what it purports to be.

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.