New York Consolidated Laws
N.Y. Criminal Procedure Law § 60.35 (2026)
Rules of evidence; impeachment of own witness by proof of prior contradictory statement
✓ current as of May 2026
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§ 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.Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1995–2021 · leading case: Pawlowski v. Kelly, 932 F. Supp. 475 (W.D.N.Y. 1995).
Pawlowski v. Kelly, 932 F. Supp. 475 (W.D.N.Y. 1995). “N.Y.Criminal Procedure Law § 60.35(1); People v.”
Stewart Jr. v. State of New York (E.D.N.Y 2021). “Criminal Procedure Law § 60.35 is a New York State statute governing when an attorney may impeach their own trial witness.”
Busiello v. McGinnis, 235 F. Supp. 2d 179 (E.D.N.Y 2002). “In fact, even in his federal petition, Busiello focused on the requirements of N.Y. Criminal Procedure Law § 60.35 (1) that relate to impeachment, rather than on federal law.”
— N.Y. Criminal Procedure Law § 60.35(1) — 1 case
Pawlowski v. Kelly, 932 F. Supp. 475 (W.D.N.Y. 1995). “N.Y.Criminal Procedure Law § 60.35(1); People v.”
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