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video recording of a scene, person or persons, or an occurrence is admissible in the discretion of a trial judge provided it is shown to be relevant to an issue in the proceeding and is properly authenticated. Authentication. (a) A video recording may be authenticated by any of the following:
Oct 6, 2015 · “The Witness,” which screens tonight and tomorrow at the New York Film Festival, looks at one of the most infamous of all modern crime stories, the 1964 murder of Kitty Genovese. The film...
6 days ago · If the prosecution intends to call such person as a witness at a trial or hearing, the prosecution must disclose the name and contact information of such witness no later than fifteen days before such trial or hearing, or as soon as practicable. (h)
The rule is derived from the New York State Constitution, statutory provisions, and Court of Appeals precedent. (See e.g. NY Const, art I, § 3 [“no person shall be rendered incompetent to be a witness on account of his or her opinions on matters of religious belief”]; CPLR 4512 [“ Except as otherwise
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6 days ago · A person is guilty of tampering with a witness when, knowing that a person is or is about to be called as a witness in an action or proceeding, (a) he wrongfully induces or attempts to induce such person to absent himself from, or otherwise to avoid or seek to avoid appearing or testifying at, such action or proceeding, or.
What distinguishes New York from other jurisdictions is its emphasis on opinion evidence being “necessary” to properly describe the subject matter. (See Ferguson v Hubbell, 97 NY 507, 514 [1884] [the rules admitting opinions of experts should not be unnecessarily extended]; Teerpenning v Corn Exch. Ins. Co., 43 NY 279, 281 [1871].)
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New York needs to implement greater safeguards to protect from wrongful convictions based on eyewitness identifications. Part I of this Note will discuss the problem of eyewitness identifications and why they are unreliable, as well as briefly overview cases demonstrating how easily this could happen to anyone in the wrong place at the wrong time.
