NY BAR REVIEW EVIDENCE 2 Flashcards
UNAVAILABILITY ny
cannot be found
is in custody
prior testimony admissible in ny in CRIMINAL
prior testimony in related criminal trial
preliminary hearing
hearing art 660 CRIMINAL LAW -testimony of witnesses who might not be available later
full and fair opportunity to cross examine witness
prior testimony INADMISSIBLE in ny CRIMINAL
if was given during a prior suppression hearing
related grand jury
related administrative
admissible in criminal ny
on same charge that its related to
post judgment proceeding challenging a conviction
based on same charge
exception of CHARACTER EVIDENCE ny
acted in conformity in a particular occasion
character
did certain act in past
has certain reputation
character NOT
on prior occasion committed another robbery
has reputation in community as a robber
prior bad acts
relevant other than to show propensity - admissible
NON propensity purposes for which character evidence may be admitted
motive
intent
purpose to use particular means to effect the robbery
absence of mistake or accident
identity of bank robber - used in limited circumstances - unique, distinctive modus operandi
common scheme or plan - proof of one establishes the other
procedure for introducing non propensity evidence in a trial MIMIC
determine the specific non propensity purpose for which evidence is relevant
whether evidence tends logically to prove issue upon which its offered, and material, not cumulative
weight probative value against potential of undue prejudice to defendant - bad person who commits crimes
advance ruling on evidence
outside presence of jury
if not, greater probability of error and waste of scarce judicial resources
prior bad act ny
clear and convincing evidence
prior bad act federal
preponderance of evidence
defendant’s evidence ny
his liberty is at stake, so permitted to input evidence of good character that’s relevant to the crime he’s being charged with, REPUTATION ONLY, NOT opinion
ONLY REPUTATION in ny
NOT OPINION AND REPUTATION like in federal
