15.11 - A. Inconsistency By Omission

JurisdictionNew York

a. Inconsistency by Omission

Impeachment by statement omission demonstrates that something the witness is now saying in court should not be accepted because he failed to say it when he spoke earlier. To be effective, it must be demonstrated that what is now being said at trial is important and that it made an impression on the witness as being important at the time the witness saw it, heard it or wrote it. Such a demonstration may be made by showing that the witness knew he was being asked...

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