New York Law (NYLE) Practice Exam

May Simon's defense team submit evidence of his eating habits during the lunch hour?

1. No, evidence of a defendant's habits is inadmissible to prove the defendant's propensity to commit the act in issue

2. No, because evidence of a defendant's specific acts is inadmissible

3. Yes, because evidence of a defendant's habits is admissible to prove the defendant's propensity to commit the act in issue

4. Yes, because evidence of a defendant's habits is admissible to establish that the defendant acted in conformity with the habit

The correct answer is: Yes, because evidence of a defendant's habits is admissible to establish that the defendant acted in conformity with the habit

In New York law, evidence regarding a person's habits, as opposed to general character traits, is admissible in court to show that the person acted in accordance with those established habits on a specific occasion. Habits are considered more reliable indicators of behavior than general character traits. In this context, Simon's defense team may submit evidence of his eating habits during lunch to demonstrate that if he consistently eats a certain way, it is more likely that he acted in line with that behavior on the specific day in question. This evidence can provide a clearer understanding of his actions during the incident being scrutinized by the court. The focus on habits as strictly established patterns of behavior allows such evidence to be relevant and admissible, preventing it from being inadmissible on the grounds that it reflects propensity to commit an act. Rather, it reinforces the idea that the habits may indicate how Simon typically behaves, supporting his defense. This distinguishing factor is what makes this option correct.