context: Fed.R.Evid. 807. Although no such express residual exception exists under New York law, New York courts have recently recognized a constitutionally-based exception to the hearsay prohibition for certain evidence offered by defendants in criminal cases.
citation_a.signal: see also
citation_a.identifier: 720 N.Y.S.2d 315, 317
citation_a.parenthetical: "[a] defendant's constitutional right to present evidence that is exculpatory ... may require the admission of evidence that would ordinarily be inadmissible"
citation_a.sentence: See People v. Robinson, 89 N.Y.2d 648, 657 N.Y.S.2d 575, 579, 679 N.E.2d 1055 (1997) (allowing defendant, on constitutional principles, to introduce grand jury testimony of unavail able witness, even though such testimony did not fall within recognized hearsay exception); People v. James, 242 A.D.2d 389, 661 N.Y.S.2d 273 (2d Dep’t 1997) (same); People v. Esteves, 152 A.D.2d 406, 549 N.Y.S.2d 30, 35 (2d Dep’t 1989) (recognizing that the United States Constitution may require courts to admit exculpatory hearsay statements that do not fall within any recognized hearsay exception); see also People v. Seeley, 186 Misc.2d 715, 720 N.Y.S.2d 315, 317 (2000) (“[a] defendant’s constitutional right to present evidence that is exculpatory ... may require the admission of evidence that would ordinarily be inadmissible”).
citation_b.signal: see
citation_b.parenthetical: allowing defendant, on constitutional principles, to introduce grand jury testimony of unavail able witness, even though such testimony did not fall within recognized hearsay exception
citation_b.sentence: See People v. Robinson, 89 N.Y.2d 648, 657 N.Y.S.2d 575, 579, 679 N.E.2d 1055 (1997) (allowing defendant, on constitutional principles, to introduce grand jury testimony of unavail able witness, even though such testimony did not fall within recognized hearsay exception); People v. James, 242 A.D.2d 389, 661 N.Y.S.2d 273 (2d Dep’t 1997) (same); People v. Esteves, 152 A.D.2d 406, 549 N.Y.S.2d 30, 35 (2d Dep’t 1989) (recognizing that the United States Constitution may require courts to admit exculpatory hearsay statements that do not fall within any recognized hearsay exception); see also People v. Seeley, 186 Misc.2d 715, 720 N.Y.S.2d 315, 317 (2000) (“[a] defendant’s constitutional right to present evidence that is exculpatory ... may require the admission of evidence that would ordinarily be inadmissible”).