What are the rules for hearsay evidence in criminal cases?

In New York, hearsay evidence is defined as any statement made by someone other than the person giving testimony that is being offered to prove the truth of its contents. In criminal cases, hearsay evidence is generally not allowed because it is considered unreliable and easily manipulated. However, there are some exceptions to the rule against hearsay evidence in criminal cases. These exceptions are called “hearsay exceptions.” For example, a statement may be admissible if the person who made the statement is unavailable and the statement bears sufficient indicia of reliability. In New York, hearsay evidence may also be admitted if it is used to rebut a claim of fabrication or improper influence. Additionally, hearsay may be admissible if it is evidence of a previous inconsistent statement, a statement of a then-existing state of mind, or a statement by a coconspirator. Finally, a court may also find a hearsay statement to be admissible if it is a “dying declaration.” This means that the statement must have been made by a person who believed they were about to die and the statement must have been made to a medical practitioner. In general, New York courts will only consider hearsay evidence if it is necessary and reliable. Otherwise, the court will not permit the testimony to be admitted into evidence.

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What are the rules for hearsay evidence in criminal cases?

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