Time to discuss hearsay. Rather, a small bit of hearsay theory. Since hearsay is a common law principle, New York’s hearsay rules are largely similar to the Federal Rules of Evidence (FRE). Hearsay is universally defined as “an out-of-court statement offered to prove...

New York’s treatment of prior bad acts and character evidence is, as usual, slightly different than the Federal Rules of Evidence (FRE). This blog picks up right where my good friend Ashley Corbin’s leaves off.[1] In New York, propensity is still a major risk with...

Part I: Opening Statement Indulge me for a few minutes. Imagine you’re an Assistant District Attorney (“ADA”) in Brooklyn Criminal Court. You are conducting the direct examination of the complainant in a gang assault case. This is how the testimony goes during your...