Preliminary Sections

• Author: Helen E. Freedman/Gerald Lebovits
• Pages: 1-18

NEW YORK OBJECTIONS

by Justice Helen E. Freedman and Justice Gerald Lebovits

HIGHLIGHTS

James Publishing is pleased to introduce new supplement author Justice Gerald Lebovits. In this 18th

Edition of New York Objections, Justice Lebovits builds upon the strong foundation of legal scholarship

and practical instruction established by our longtime author, Justice Helen E. Freedman.

Justice Lebovits has updated every chapter in the book with new and revised text, and has added

hundreds of new citations to authority, including:

• 38 new cases on Jury Selection;

• 87 new cases on Hearsay;

• 48 new cases on Privileges;

• 19 new cases on Demonstrative Evidence;

• 57 new cases on Witness Examination; and

• 45 new cases on Summation.

e new text and cases cover a broad range of evidence and potential objections, including objections

related to:

• Voir Dire: permissible topics; time limits; discriminatory use of peremptory challenges.

• Opening Statements: personal attacks; inammatory statements; failure to set forth a claim;

settlement negotiations; repairs.

• Hearsay: testimonial hearsay in criminal prosecutions; declarations against interest; dying

declarations; business, hospital and police records; state of mind.

• Privileges: scope of the attorney/client privilege; “duciary exception” to the attorney/client privilege.

• Real Evidence: challenges to the chain of custody; admissibility of photos of an accident scene or a victim.

• Documents: admissibility of photocopies, summaries, printouts; public documents; business

records; electronic evidence.

• Witness Competency: infancy; lack of personal knowledge; mental impairment; intoxication.

• Expert Testimony re: accident reconstruction; construction and design; false confessions; medicine

and law; safety; and identication evidence, including blood, DNA and voice identication.

• Summation: referencing matters or demonstrative materials not in evidence; commenting on

defendant’s failure to testify.

• Juror Misconduct: sleeping during trial; discussing the case before deliberations; conducting

independent research; visiting the scene.

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