discretion, from either entertaining an application for a ruling on the in limine permissible scope of cross-examination concerning a prior misdeeds, or, nonparty’s if it believes it best, from refusing to do so in advance of the time when the question presents itself in 47 NY2d at 59.) regular course.” (Ocasio, Subdivision (2). The rule set forth is derived from (36 NY2d People v Duffy 258, 264 [1975] it would be impermissible to use a youthful offender [“Although adjudication to impeach, the illegal and immoral acts underlying the adjudication may be employed for such a and (84 People v Gray purpose” (citations omitted)]) NY2d is . . . impermissible to use a youthful offender or 709, 712 [1995] [“It juvenile delinquency adjudication as an impeachment weapon, because these adjudications are not convictions of a the underlying acts may crime”]). Whether be used for impeachment is subject to a pretrial determination pursuant Sandoval to rule 6.17. Subdivision (3). See commentary in the Note to rule 6.23 (2).
discretion, from either entertaining an application for a ruling in limine on the permissible scope of cross-examination concerning a nonparty’s prior misdeeds, or, if it believes it best, from refusing to do so in advance of the time when the question presents itself in regular course.” (Ocasio, 47 NY2d at 59.) Subdivision (2). The rule set forth is derived from People v Duffy (36 NY2d 258, 264 [1975] [“Although it would be impermissible to use a youthful offender adjudication to impeach, the illegal and immoral acts underlying the adjudication may be employed for such a purpose” (citations omitted)]) and People v Gray (84 NY2d 709, 712 [1995] [“It is . . . impermissible to use a youthful offender or juvenile delinquency adjudication as an impeachment weapon, because these adjudications are not convictions of a crime”]). Whether the underlying acts may be used for impeachment is subject to a pretrial Sandoval determination pursuant to rule 6.17. Subdivision (3). See commentary in the Note to rule 6.23 (2).
6.19_IMPEACHMENT%20BY%20CONVICTION.docx