N.Y. Family Court Act § 343.5: Rules of evidence; impeachment of own witness by proof of prior contradictory statement

§ 343.5. 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 delinquency 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.

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

contradictory to his testimony in a delinquency 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 court.