INDEX to Guide to NY Evidence

A

abused person syndrome: § 7.06

accomplice corroboration: § 6.10

admission by party: § 8.03

adopted statement, admission by: § 8.05

affidavit of service: § 3.31

agriculture inspection certificate: § 3.29

alibi, impeachment of: § 6.12

anatomically correct dolls: § 11.05

ancient documents: § 8.07

ancient maps: § 3.22

appearance or condition exhibited: § 11.11

appellate review: art. 12

attorney-client privilege: § 5.03

authenticity and identification: art. 9

B

ballistics evidence: § 7.19

ban on witnesses discussing testimony: § 6.03

battered women's syndrome, see abused person syndrome: § 7.06

benefit, impeachment of witness § 6.12.1

best evidence rule, definitions: § 10.01

best evidence rule: § 10.03

best evidence, exception for admission of contents: § 10.09

best evidence, exception for original missing: § 10.07

best evidence, exception for reproductions, copies: §10.05

best evidence, exception for voluminous material: § 10.11

best evidence: art. 10

bias, hostility, interest; impeachment by: § 6.13

bill for services or repairs: § 3.33-a

bite-mark evidence: § 7.19

blood type evidence: § 7.19

business records: § 8.08

C

certificates of conviction and fingerprints: § 3.60

chain of custody: § 11.01

character evidence: § 4.07.1; § 8.39 [reputation evidence]; § 6.23 impeachment by reputation

chemical tests: § 4.21

child abuse syndrome: § 7.08

child’s age determined: § 11.07

chiropractor privilege: § 5.04

circumstantial evidence: § 4.02

civil lawsuit, impeach officer: § 6.16

clergy privilege: § 5.05

coconspirator statement: § 8.09

collateral evidence: § 6.11

competency of a witness: § 6.01

complainant's sexual conduct or dress: § 4.22

completeness: § 4.03

condition, statement of, by unavailable declarant: § 8.42

conditional relevance: § 4.05

condoms: § 4.40

confession, direct evidence: § 4.02

connecting physical evidence: § 4.23

consciousness of guilt: § 4.24

consistent statement, admission of prior: § 8.31

contracts in small print: § 4.12

conveyance of real property without NY: § 3.24

conviction, impeachment by: § 6.19

corroboration of defendant’s statements: § 4.46

court call witness: § 1.11

court examine witness: § 1.11

court not overrule another judge: § 1.13

court reconsider evidence rulings: § 1.13

court’s role: art. 1

criminal conduct, impeachment by: § 6.17

cross-examination of a witness: § 6.06

culpability of a third party: § 4.26

D

damages, proof of: § 3.33-a

dead man's statute: § 602.1

death, presumed: § 3.27

declaration of future intent: § 8.13

defendant, presumptions accorded: § 3.05

defendant's right to present a defense: § 1.07

defendant's testimony re: intent, knowledge, motive: § 4.27

defense, defendant's right to present: § 1.07

demonstrations: § 11.09

demonstrative evidence: § 11.01

dentist privilege: § 5.04

direct evidence: § 4.02

DNA evidence: § 7.21

dolls, anatomically correct: § 11.05

drug cases, expert testimony: § 7.13

drugs destroyed: § 4.30

dying declaration: § 8.15

E

error, substantial for reversal: § 12.01

evidence admitted for limited purpose: § 4.07

evidence improperly obtained, impeachment by: § 6.14

evidence of crimes and wrongs (Molineux): § 4.28

evidence of guilty plea: § 4.32

evidence rulings reconsider on retrial: § 1.13

evidence rulings. reconsidered: § 1.07

evidence, direct & circumstantial: § 4.02

examination of witnesses: § 6.06

exception or proviso: § 4.33

excited utterance: § 8.17

exclusion of relevant evidence: § 4.06

exclusion of witness& ban on discussing testimony: § 6.03

exhibition in trial: § 11.11

exhibits to the jury: § 11.10

experiments: § 11.09

expert in drug cases: § 7.13

expert on false confession: § 7.15

expert on identification testimony: § 7.17

expert on scientific testimony: § 7.19

expert on syndromes: §§ 7.06, 7.08, 7.10

expert witness opinion, requirements: § 7.01

extrinsic evidence: § 6.11

F

false confession, expert witness: § 7.15

fingerprint & palmprint evidence: § 7.19

fingerprints, certificates of: § 3.60

formal judicial admissions: § 8.23

foundation question: § 1.09

Frye: § 7.19

fungible evidence: § 11.01

future intent, declaration of: § 8.13

G

gang membership and activity: § 4.34

general objection: § 12.01

guilty plea, evidence of: § 4.32

H

habit evidence: § 4.07.2

hair analysis evidence: § 7.19

hearsay defined: § 8.00

hearsay forfeiture by wrongdoing: § 8.19

hearsay limited by Sixth Amendment: § 8.02

hearsay objection forfeited by wrongdoing: § 8.19

hearsay or nonhearsay within hearsay: § 8.21

hearsay: art. 8

hypnotized witness: § 6.02.1

I

identification of defendant: § 4.35

identification, expert witness: § 7.17

illegally seized evidence, impeachment by: § 6.14

illness, statement of, by unavailable declarant: § 8.42

immoral conduct, impeachment by: § 6.17

impeachment by benefit to witness: § 6.12.1

impeachment by prior omission of details:§ 6.25(2)

impeachment by prior conduct: § 6.17

impeachment by reputation for untruthfulness: § 6.23

impeachment by silence: § 6.25

impeachment of alibi: § 6.12

impeachment of hearsay declarant: § 8.22

impeachment of one's own witness: § 6.15

impeachment, authorized & provable by extrinsic evidence: § 6.11

impeachment: art. 6

in limine objections: § 12.01

incompetency to testify vis-a-vis deceased: § 6.02.1

incompetency to testify vis-à-vis mentally ill person: § 6.02.1

inconsistent statement, impeachment by: § 6.15

inference of negligence (Res Ipsa Loquitur): § 3.02

informal judicial admissions: § 8.23

intent; evidence of mental disease or defect to negate: § 4.37

intent, knowledge, motive; defendant's testimony of: § 4.27

interpreter for party or witness: § 6.04

intoxication: § 4.36

J

joint tortfeasor, payment by: § 4.17

judge as a witness, incompetent: § 6.02.3

judgment of conviction, certificates of: § 3.60

judicial finding, officer testified falsely: § 6.16

judicial notice of facts: § 2.01

judicial notice of law: § 2.03

judicial notice of map information: § 2.05

judicial notice: art. 2

justice of the peace proceedings, proof of: § 3.41

justification, reputation evidence: § 4.07.1

K

knowledge, intent, motive; defendant's testimony of: § 4.27

L

lack of record: § 3.21

law enforcement officer, impeachment of: § 6.16

lay witness, opinion requirements: § 7.03

leading questions: § 6.06

liability insurance: § 4.15

library privilege: § 5.09

lie detector: § 7.19

limited admissibility of evidence: § 4.07

M

map information, judicial notice of: § 2.05

market reports: § 8.24

marriage certificate: § 3.26

medical and other expenses, payment of: § 4.18

medical diagnosis or treatment, statement for: § 8.43

medical, diagnostic test results: § 7.19

mental disease or defect evidence to negate intent: § 4.37

misconduct, impeachment by: § 6.17

missing person: § 3.27

missing witness: § 6.10.1

mode of proceedings error: § 12.01

Molineux: § 4.28

motive, intent, knowledge; defendant's testimony of: § 4.27

motive to commit an offense: § 4.38

N

negligence, inference of (Res Ipsa Loquitur): § 3.02

nurse privilege: § 5.04

O

oath or affirmation to testify: § 6.05

objection to preserve error for review: § 12.01

offers to compromise: § 4.16

officer testified falsely, judicial finding: § 6.16

omission of details given before trial, impeachment by § 6.25(2)

opening the door: § 4.08

opinion evidence: art. 7

opinion of expert witness: § 7.01

opinion of lay witness: § 7.03

opioid antagonists: § 4.42

P

pain, statement of, by unavailable declarant: § 8.42

party admission: § 8.03

past recollection recorded: § 8.25

patently identifiable evidence: § 11.01

payment by joint tortfeasor: § 4.17

payment of medical and other expenses: § 4.18

pedigree: § 8.27

penal or pecuniary interest, statement against: § 8.11

person's appearance, condition, or capability exhibited: § 11.11

personal knowledge of witness required: § 6.07

photometric testimony: § 7.19

physical, connect to defendant: § 4.23

physician privilege: § 5.04

podiatrist privilege: § 5.04

polygraph examination: § 7.19

population certificate: § 3.30

preliminary questions: § 1.09

present sense impression: § 8.29

preservation of error: § 12.01

presumed innocent: § 3.05

presumption of suggestive identification: § 3.05

presumption of vindictiveness: § 3.05

presumptions accorded criminal defendant: § 3.05

presumptions in civil proceedings: § 3.01

presumptions in criminal proceedings: § 3.03

presumptions: art. 3

previous conviction, proof of: § 4.44

prima facie records: art. 3

prior conduct, impeachment by: § 6.17

prior consistent statement, admission of: §8.31

prior inconsistent statement, admission of: § 8.33

prior judgment of conviction, admission of: § 8.35

prior testimony in a civil proceeding, admission of: § 8.36

prior testimony in criminal proceedings, admission of: § 8.36.1

privileged communications transmitted electronically: § 5.48

privileges: art. 5

probative value outweighed: § 4.06

prompt outcry: § 8.37

proof of previous conviction: § 4.44

proviso or exception: § 4.33

psychologist privilege: § 5.07

R

radar speedometer results: § 7.19

rape crisis counselor privilege. § 5.10

rape trauma syndrome: § 7.10

real evidence: § 11.01

real property without NY, conveyance of: § 3.24

reals and demonstrative evidence: art. 11

rebuttal and surrebuttal evidence: § 1.07

recall witness: § 1.07

recent fabrication, impeachment: § 6.20

reconsideration of evidence rulings: § 1.07

record, not found: § 3.21

re-cross-examination: § 6.06

redirect: § 6.06

refreshing recollection: § 6.09

relevant evidence, excluded § 4.06

relevant evidence: § 4.01

religious belief, impeachment by: § 6.21

remedial measures: § 4.19

reopen party’s case: § 1.07

reputation evidence: § 8.39; § 4.07.1 [character evidence]; § 6.23 [impeachment by reputation]

reputation for untruthfulness, impeachment by: § 6.23

reputation for truthfulness : § 6.23

res gestae (verbal act): § 8.45

res ipsa loquitur: § 3.02

retrial, reconsider evidence rulings: § 1.13

S

scientific testimony: § 7.13

scope and manner of examination of witnesses: § 6.06

self-incrimination privilege: § 5.01

sexual conduct or dress of complainant: § 4.22

silence, impeachment by: § 6.25

Sixth Amendment limit on hearsay: § 8.02

social worker privilege: § 5.08

specific objection: § 12.01

spousal privilege: § 5.02

state of mind: § 8.41

statement against penal or pecuniary interest: § 8.11

statement of pain, condition by unavailable declarant: § 8.45

statement made for medical diagnosis or treatment: 99

statement uttered not for its truth: § 8.00

statements of defendants, corroboration: § 4.46

stipulation: § 1.07

subject to connection: § 4.05

substitute judge: § 1.13

surveyor standard of measurement: § 3.34

T

testimonial statements: § 8.02

title insurance search: § 3.23

trial, reconsider evidence rulings: § 1.13

U

UCC article 9 statements: § 3.25

V

verbal act § 8.47

vicious conduct, impeachment by: § 6.17

viewing of premises: § 11.15

vindictiveness, presumption: § 3.05

visual, graphic, or sound aid: § 11.03

voice spectrographic evidence: § 7.19

voluntary statement, when for impeachment only § 6.14

W

weather conditions: § 3.28

witness, called by court: § 1.11

witness, examined by court: § 1.11

witness, recall by court: § 1.07

witness, scope & manner of examination: § 6.06

witness, competency: § 6.01

witness, exclusion & ban on discussing testimony: § 6.03

witnesses: art. 6