Legal Question in Criminal Law in New York
2nd party testimony
If a statement was given by an individual to an officer resulting in an arrest and regarding a complaint filed, can that officer testify in court regarding the validity of this if it goes to trial or would it be considered ''hearsay'' and the indivdual then be required to take the stand to repeat what was given in the statement thereby opening them up to cross examination? From a federal perspective... from a state perspective? Does age have any bearing on this? If the individual was a minor?
Asked on 12/19/07, 11:32 am
1 Answer from Attorneys
NEAL SPECTOR, ESQ.
NEAL S. SPECTOR, P.C.
Re: 2nd party testimony
Please rephrase your question. Circumstances under which an Officer may testify are too numerous to review here, especially when considerations such as "hearsay" are involved.
Answered on 12/19/07, 5:34 pm
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