15.33 - D. Cross-Examination Where Witness Identifies Defendant At Trial

JurisdictionNew York

d. Cross-Examination Where Witness Identifies Defendant at Trial

Where a witness has made an in-court identification of the defendant at trial, defense counsel can attempt to lessen the impact in the following way:

Q: You knew that Mr. _____ (the defendant) would be seated here with me, didn’t you?

Q: You knew that he would be the only other person at this table, isn’t that correct?

Q: You discussed with the district attorney where Mr. _____ would be in the courtroom, didn’t you?

Q: You discussed with...

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