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
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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 wrongdoing, forfeits hearsay objection: § 8 |