New York courts have long recognized as an impeaching strategy proof of a witness’ bad character for truth and veracity. A focus of such a strategy is to examine the witness as to the witness’ conviction of a crime in a criminal court, encompassing, subject to the discretion of the trial judge, the fact of conviction, name of the crime, date of conviction, sentence, and the underlying nature of the crime.1 The rationale for impeachment by prior conviction is that “a person who has committed a crime may have less of a general propensity for ‘truthfulness’ than a person without a criminal record.”2

Are disciplinary adjudications rendered by a non-judicial body following an adjudicatory proceeding, e.g., attorney grievance proceeding, Department of Health Office of Medical Professional Conduct proceeding, public employment grievance proceeding, or inmate disciplinary proceeding, likewise impeaching material? A murky common law tradition suggests they may not be so used. However, Supreme Court decisions in recent years,3 as supported by limited Appellate Division precedent,4 hold such disciplinary adjudications can be used to show a witness’ untruthful character. This column will discuss these cases, and explore the basis for their explicit recognition of this mode of showing a witness’ untruthful character as well as what matters involving the adjudication can be examined on.

Statutory Authorization

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