New York Law (NYLE) Practice Exam

May Pauline serve as a witness at David's trial?

1. No, because Pauline was convicted of a crime where cruelty is a factor

2. No, because Pauline has a criminal conviction

3. Yes, and Pauline's conviction may be used on cross-examination

4. Yes, and Pauline's conviction must be used on cross-examination to impeach her credibility

The correct answer is: Yes, and Pauline's conviction may be used on cross-examination

Pauline can serve as a witness at David's trial, and her criminal conviction may be used during cross-examination. In New York, individuals with prior criminal convictions are not automatically disqualified from testifying. Instead, the nature of the conviction becomes relevant when assessing the witness's credibility. If Pauline has a criminal conviction, it can be introduced to challenge her reliability and truthfulness in her testimony, particularly if the conviction involves dishonesty or moral turpitude. However, it is not a blanket prohibition against serving as a witness. The jury can consider the conviction when determining how much weight to give her testimony, but the law does not mandate that it must be used for impeachment. This allows the opposing party the option of bringing it up during cross-examination, thereby preserving the witness's right to testify as a fundamental principle of justice. Overall, this aligns with New York law principles regarding witness competency and credibility assessment.