New York Criminal Procedure Law Section 60.35 - Rules of evidence; impeachment of own witness by proof of prior contradictory statement.

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.

Last modified: February 3, 2019