It has been said that the rules of evidence must expand to meet the needs of society.1 Recently, the New York Court of Appeals became the first highest state court to expand the definition of “community” in relation to reputation evidence, to include testimony from a defendant’s family and friends.2
It has long been the rule in this state that a defendant may attempt to establish his good character by offering testimony as to his good reputation in the community for the particular trait relevant to the crime charged. Thus, a character witness may testify to the defendant’s reputation for that trait but may not testify to specific acts of the defendant nor express an opinion of the defendant’s good character based upon personal knowledge of the defendant.3
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