This month’s column discusses two issues arising under New York law governing impeachment: first, the ban on the use of extrinsic evidence that contradicts the witness’s testimony on a collateral matter; and second, impeachment of a hearsay declarant whose statement is admitted into evidence pursuant to a hearsay exception. These two issues were the subject of recent Appellate Division decisions which prompt this column.
Collateral Matters
New York’s well-settled rule is that “a cross-examiner cannot contradict a witness’s answers concerning collateral matters by producing extrinsic evidence for the sole purpose of impeaching credibility.”1 Extrinsic evidence refers to evidence other than as brought out on cross-examination of the witness, i.e., documents or testimony from other witnesses. Thus, if a matter is collateral, the cross-examiner may question the witness about it, but must take the witness’s answer and is not free to put in other evidence to contradict the witness’s answers.2
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