NYLE NY Evidence Rules 2 — Questions and Answers
Question 1: Under New York evidence law, what is the 'Dead Man's Statute' (CPLR 4519)?
- A rule barring testimony by an interested party about personal transactions or communications with a deceased person (Correct answer)
- A rule excluding all testimony regarding events that occurred before a witness's death
- A prohibition on using a deceased person's prior statements at trial
- A rule requiring corroboration for all claims against a decedent's estate
Correct 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.
CPLR 4519 provides that a party or person interested in the event, or a person from whom an interested party derives their interest, is incompetent to testify about personal transactions or communications with the deceased in a civil action involving the estate. The rationale is that the deceased cannot contradict the testimony. Exceptions include: waiver by the estate (e.g., calling the interested party as a witness), testimony about facts independent of transactions with the deceased, and situations where the door is opened by the representative of the estate offering testimony about the same transactions.
Question 2: Under New York law, which of the following is a recognized exception to the hearsay rule?
- A statement made for purposes of medical diagnosis or treatment (Correct answer)
- Any statement made outside of court
- A statement made by any witness who is unavailable to testify
- A statement made in a foreign language
Correct 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.
New York follows common law hearsay rules (not the Federal Rules of Evidence) and recognizes several exceptions. Statements made for medical diagnosis or treatment are admissible because the patient has a strong motive to be truthful. Other recognized exceptions include: business records (CPLR 4518), present sense impression, excited utterance, declarations against interest, dying declarations, prior testimony, official records, and statements of a party opponent (which New York treats as an exemption from hearsay). New York does not have a residual or catch-all hearsay exception.
Question 3: Under CPLR 4518, what foundation must be laid for the admission of a business record?
- 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 (Correct answer)
- The record must be authenticated by the person who created it through live testimony
- The record must be an original document, not a copy
- The record must have been created within the last five years
Correct 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.
CPLR 4518(a) establishes the foundation for business records: (1) the entry was made in the regular course of business, (2) it was the regular practice of the business to make such entries, (3) the entry was made at or near the time of the event recorded, and (4) the record was made by a person with knowledge of the act or from information transmitted by a person with knowledge and a business duty to record it. The foundation may be laid by any qualified witness familiar with the record-keeping system; the actual creator need not testify. Certified business records may be admitted without live testimony under CPLR 4518(c).
Question 4: Under New York evidence law, what is the Molineux rule?
- 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 (Correct answer)
- All prior convictions are admissible to impeach the defendant
- Evidence of the victim's prior bad acts is always admissible
- The prosecution may introduce character evidence in its case-in-chief
Correct 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 People v. Molineux (1901), New York prohibits the prosecution from introducing evidence of a defendant's uncharged crimes or prior bad acts to show criminal propensity or a disposition to commit crime. However, such evidence is admissible when offered to prove: (1) motive, (2) intent, (3) absence of mistake or accident, (4) common scheme or plan, or (5) identity (including modus operandi). Before admitting Molineux evidence, the court must conduct a balancing test weighing probative value against prejudicial effect. The prosecution must provide notice of intent to offer such evidence under CPL § 240.43 (Ventimiglia notice).
Question 5: Under New York law, what is the scope of the attorney-client privilege?
- It protects confidential communications between an attorney and client made for the purpose of obtaining or providing legal advice (Correct answer)
- It protects all communications between any two parties if an attorney is present
- It only applies to written communications, not oral ones
- It automatically expires five years after the representation ends
Correct 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 CPLR 4503(a), the attorney-client privilege protects confidential communications between an attorney and client made during the course of the professional relationship for the purpose of obtaining or providing legal advice. Key elements: (1) an attorney-client relationship existed, (2) the communication was confidential (not made in the presence of third parties), and (3) the communication was for the purpose of legal advice. The privilege belongs to the client and survives the client's death. Exceptions include the crime-fraud exception (communications in furtherance of a crime or fraud) and disputes between attorney and client.
Question 6: Under New York evidence law, what is required to authenticate a document before it can be admitted into evidence?
- Sufficient evidence to support a finding that the document is what the proponent claims it to be (Correct answer)
- Testimony from the person who created the document
- Certification by a notary public
- Filing the document with the court at least 30 days before trial
Correct 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 evidence law, authentication requires the proponent to offer proof sufficient to warrant a jury finding that the proffered evidence is genuine and is what it purports to be. Methods include: testimony of a witness with knowledge, comparison by an expert or trier of fact, distinctive characteristics (appearance, contents, substance), voice identification, public records certification, and the ancient documents rule (documents 30+ years old found in natural custody). The court makes a threshold determination of authenticity; the ultimate weight is for the jury. Self-authenticating documents (certified copies of public records, acknowledged documents) require no extrinsic evidence.
NYLE NY Evidence Rules 2
Under New York evidence law, what is the 'Dead Man's Statute' (CPLR 4519)?