New York Objections
By:Helen E. Freedman,Gerald Lebovits
Published on 2018-04-13 by LexisNexis
REVISION 18 HIGHLIGHTS James Publishing is pleased to introduce new author Justice Gerald Lebovits. In this 18th Edition of New York Objections, Justice Lebovits builds upon the strong foundation of legal scholarship and practical instruction established by our longtime author, Justice Helen E. Freedman. Justice Lebovits has updated every chapter in the book with new and revised text, and has added hundreds of new citations to authority, including: 38 new cases on Jury Selection 87 new cases on Hearsay 48 new cases on Privileges 19 new cases on Demonstrative Evidence 57 new cases on Witness Examination 45 new cases on Summation The new text and cases cover a broad range of evidence and potential objections, including objections related to: Voir Dire: permissible topics; time limits; discriminatory use of peremptory challenges. Opening Statements: personal attacks; inflammatory statements; failure to set forth a claim; settlement negotiations; repairs. Hearsay: testimonial hearsay in criminal prosecutions; declarations against interest; dying declarations; business, hospital and police records; state of mind. Privileges: scope of the attorney/client privilege; “fiduciary exception” to the attorney/client privilege. Real Evidence: challenges to the chain of custody; admissibility of photos of an accident scene or a victim. Documents: admissibility of photocopies, summaries, printouts; public documents; business records; electronic evidence. Witness Competency: infancy; lack of personal knowledge, mental impairment; intoxication. Expert Testimony re: accident reconstruction; construction and design; false confessions; medicine and law; safety; identification evidence, including blood, DNA and voice identification. Summation: referencing matters or demonstrative materials not in evidence; commenting on defendant’s failure to testify. Juror Misconduct: sleeping during trial; discussing the case before deliberations; conducting independent research; visiting the scene.
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