New York Objections

ebook

By Gerald Lebovits

cover image of New York Objections

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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
    • Experts
    • Parol Evidence
    • Real Evidence
    • Summation

    AND MORE!

  • New York Objections