Legal Question in Criminal Law in New York

impeaching a witness

Can new evidence of a criminal witness lying on the stand be used to move for a new trial? Or at least to use it as a cause for an appeal?

[The new evidence is in form of an affidavit stating that a crucial witness in the trial lied; and by doing so secured a plea deal in his own drug trafficking charges.]

Thank you in advance; I hope you can answer my question.


Asked on 8/26/07, 9:59 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: impeaching a witness

The quality of the new evidence, and when it was or became available to the defense can effect the right to a new trial. The particulars are too much to answer here. You should go to an attorney with your evidence and see if you can find one who will bring on a habeas or corum nobis petition for you.

Good Luck.

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Answered on 8/26/07, 11:12 pm


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