New York Objections

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REVISION 23 HIGHLIGHTS

This 23rd Edition of New York Objections, by Justice Gerald Lebovits, updates the governing law with new text and dozens of new case summaries throughout the book. The new cases span a broad range of topics, from Attorney Conduct to Witness Competence. The highlights include expanded coverage of

• Jury Selection: Court’s duty to explore prejudices of prospective jurors; Batson challenges
• Opening Statement: Statements not supported by the evidence; references to subsequent repairs.
• Hearsay: Testimonial hearsay in violation of Sixth Amendment right to confrontation; admissions by agent (CPLR 4549); admissions on police body-cam video; defendant’s membership in a gang; excited utterances; 911 calls
• Privileges: Scope of attorney-client privilege (documents); attorney work product (documents prepared in anticipation of litigation).
• Real Evidence: Chain of custody.
• Photographs, Recordings, X-rays: Photo identification; photo of victim; surveillance video.
• Demonstrative Evidence: Maps and images from online maps or satellite-imaging websites (e.g., Google Maps and Google Earth) [CPLR 4532-b].
• Witness Examination: Extrinsic proof tending to establish a witness’s bias, recent fabrication, or reason to fabricate; statements taken in violation of Miranda; leading questions asked of children, elderly, non-English speaking, or mentally/physically challenged witnesses.
• Expert Witnesses: Testimony “beyond the ken of the ordinary juror”; objections based on expert’s lack of qualifications, hearsay.
• Judicial Conduct: Removing defendant from courtroom; judicial notice of facts within the judge’s personal knowledge derived from the record of a prior case involving different parties but closely similar subjects or issues.
• Attorney Conduct: Failure to comply with discovery order as “willful and contumacious” behavior; attacks on party or witness.
• Summation: Injecting self or personal belief; vouching for witness’ credibility.
• Demonstrative Evidence: Maps; sketches; diagrams; charts; models; reenactments.
• Witness Competence: Dead Man’s statute; mental and physical impairments; juror as witness; judge as witness.
• Expert Witnesses:  Conduit hearsay; accident reconstruction; domestic violence; DNA; eyewitness identification; medical causation; false confessions.
• Judicial Conduct:  Judicial notice; expanded commentary and case law re: judicial discretion to regulate the trial; judicial power to adjourn or continue; judicial power to ensure decorum.
• Objections During Deposition:  Privilege; irrelevant and/or burdensome line of questioning; outrageous conduct warrants sanctions.

AND MORE!

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