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GUIDE TO NEW YORK EVIDENCE


INDEX

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Admission by Adopted Statement or Silence 8.05
Admission by a Party 8.03
Adopted Statement, Admission by 8.05

Agriculture Inspection Certificate

3.10
Alcohol (or Drugs) in Blood 4.23
Anatomically Correct Dolls 11.05
Ancient Documents 8.07

Ancient Filed Maps, Surveys and Real Property Records

3.12
Attorney Privilege 5.03
Authenticating and Identifying Evidence, In General 9.01
Authentication & Identification, Methods of 9.07
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
Bias, Hostility, Interest, Impeachment by 6.13
Business Record 8.08
Character Evidence 4.11
Child's Age, Determined 11.07
Child's Competency to Testify 6.05
Clergy Privilege 5.05
Coconspirator Statement 8.09
Confrontation Clause, Hearsay Admissibility Limited by Crawford 8.02
Competency of a Witness to Testify 6.01
Competency of Witness when Previously Hypnotized 6.02
Complainant's Sexual Conduct or Dress 4.20
Completing and Explaining Relevant Evidence 4.03
Conditional Relevance (Subject to Connection) 4.05
Consciousness of Guilt 4.20.1

Conveyance of Property without the State

3.14
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

4.21.1

Dead Man’s Statute

6.02.1

Death or Other Status of a Missing Person

3.16
Declaration Against Interest 8.11
Declaration of Future Intent 8.13
Demonstrations and Experiments 11.09
Demonstrative Evidence 11.03
Destroyed Drugs 4.22
Drugs (or Alcohol) in Blood 4.23
Drugs, Destroyed 4.22
Dying Declaration 8.15
Erroneous Ruling, Effect 12.05
Evidence Ruling, Court Reconsideration of 1.13
Excited Utterance 8.17
Exclusion of Relevant Evidence 4.07
Exclusion of Witness from Courtroom 6.03
Exhibits Given to the Jury 11.17
Experiment & Demonstrations 11.09
Expert Witness, Opinion 7.01
Forfeiture by Wrongdoing 8.19
Habit 4.13
Hearsay Admissibility Limited by Confrontation Clause 8.02
Hearsay Definition 8.00
Hearsay in Hearsay 8.21

Hypnotized Witness

6.02
Identification of a Defendant 4.24
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 Religious Belief 6.21
Impeachment by Reputation 6.23
Impeachment in General 6.11
Impeachment of Hearsay Declarant 8.23

Impeachment of Law Enforcement Officer

6.16
Interpreter for Witness or Party 6.04
Inconsistent Statement, Impeachment by 6.15
Inconsistent Statement, Prior Statement's Admissibility 8.33
Judicial Notice of Facts 2.01
Judicial Notice of Law 2.03
Lay Witness, Opinion 7.03
Liability Insurance 4.15
Library Privilege 5.09

Market Reports

8.24
Marriage Certificate 3.18
Methods of Authentication and Identification 9.07
Oath or Affirmation for Witness to Testify 6.05
Offers to Compromise 4.16

Open Door Evidence

4.08
Opinion of Expert Witness 7.01
Opinion of Lay Witness 7.03
Past Recollection Recorded 8.25
Payment by Joint Tortfeasor 4.17
Payment of Medical Expenses 4.18
Pedigree 8.27
Personal Appearance & Capability 11.11
Personal Knowledge Testimony 6.07
Photographs 11.13
Physician Privilege 5.04
Pleas and Ancillary Statements 4.25
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 3.03
Prior Consistent Statement 8.31
Prior Conviction, Impeachment by 6.19
Prior Crimes and Wrongs (Molineux) 4.21
Prior Inconsistent Statement 8.33
Prior Judgment of Conviction 8.35
Prior Testimony in Civil Proceeding 8.36
Prior Testimony in Criminal Proceeding 8.36.1

Affidavit of Service or Posting by Person Unavailable at Trial

3.20
Prompt Outcry 8.37
Proof of Previous Conviction 4.27
Psychologist Privilege 5.07
Purpose & Construction of the Guide to NY Evidence 1.01
Rape Crisis Counselor 5.10
Real Evidence 11.01
Refreshing Witness Recollection 6.09
Relevant Evidence 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
Restricted Admissibility of Relevant Evidence 4.09
Scope & Manner of Examination of Witnesses 6.10
Scope of the Guide to NY Evidence 1.03
Self-Authenticating Evidence 9.03
Self-Incrimination Privilege 5.01
Sexual Conduct or Dress of Complainant 4.20
Silence, Admission 8.05
Social Worker Privilege 5.08
Spousal Privilege 5.02
State of Mind 8.41
Statement for Diagnosis or Treatment 8.43
Subject to Connection - Conditional Relevance 4.05
Subsequent Remedial Measure 4.19

Standard of Measurement Used by Surveyor

3.22

Third Party Culpability

4.21.1

Search by Title Insurance or Abstract Company

3.24
Title of the Guide to NY Evidence 1.00

Copies of Statements Under UCC Article 9

3.26
Viewing Premises 11.15

Video Recordings

11.14

Weather Certificate

3.28
Witness, Competency to Testify 6.01
Witness, Competency When Previously Hypnotized 6.02
Witness, Court Power to Call and Examine 1.09
Witness, Exclusion of 6.03
Witness, Oath or Affirmation to Testify 6.05
Witness, Refreshing Recollection of 6.09
Witness, Scope & Manner of Examination 6.10