N.Y. Criminal Procedure Law § 60.35: Rules of evidence; impeachment of own witness by proof of prior contradictory statement

§ 60.35 Rules of evidence; impeachment of own witness by proof of prior

contradictory statement.

1. When, upon examination by the party who called him, a witness in a

criminal proceeding gives testimony upon a material issue of the case

which tends to disprove the position of such party, such party may

introduce evidence that such witness has previously made either a

written statement signed by him or an oral statement under oath

contradictory to such testimony.

2. Evidence concerning a prior contradictory statement introduced

pursuant to subdivision one may be received only for the purpose of

impeaching the credibility of the witness with respect to his testimony

upon the subject, and does not constitute evidence in chief. Upon

receiving such evidence at a jury trial, the court must so instruct the

jury.

3. When a witness has made a prior signed or sworn statement

contradictory to his testimony in a criminal proceeding upon a material

issue of the case, but his testimony does not tend to disprove the

position of the party who called him and elicited such testimony,

evidence that the witness made such prior statement is not admissible,

and such party may not use such prior statement for the purpose of

refreshing the recollection of the witness in a manner that discloses

its contents to the trier of the facts.