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This 24th Edition of New York Objections, by Justice Gerald Lebovits, updates the governing law with new text and more than 100 new case summaries, spanning a broad range of topics, from Attorney Conduct to Witness Competence. The highlights include expanded coverage of objections related to:
Jury Selection: Court's duty to explore prejudices of prospective jurors; Batson challenges
Opening Statement: Opening Statement: Statements not supported by evidence; references to insurance coverage, subsequent repairs.
Relevance, Materiality, Presumptions: Rule of completeness; specific presumption – regularity (applying substantial evidence standard).
Hearsay: Right to confrontation with testimonial hearsay as applied to DNA test results and autopsy reports. Admissibility of co-conspirator's declarations; business records; present-sense impression; excited utterance.
Privileges: Scope of attorney-client; doctor-patient; parent/child; confidential informant; and common interest privileges.
Photographs, Recordings, X-Rays: Determining when a photo is inflammatory/ prejudicial; admissibility of surveillance tapes; surreptitious recordings from county jail.
Witness Examination: Impeaching own witness; prior bad acts; questions calling for a narrative.
Judicial Conduct: Scope of court's power to adjourn/continue; ensure decorum; conduct jury selection.
Submission to Jury: Untimely/inadequate objection to instructions; court's response to juror questions and read-back requests.
Confusing, Prejudicial, Cumulative Documents and Demonstrative Evidence