CPL § 60.35

Rules of evidence; impeachment of own witness by proof of prior contradictory statement · as in force on May 31, 2026

§ 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.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/60.35

In plain English

(1) If a party’s own witness gives material testimony that tends to disprove that party’s position, the party may prove that the witness earlier made a contradictory signed statement or oral statement under oath.
(2) ★ The earlier statement may be used only to challenge the witness’s credibility, not as evidence-in-chief; in a jury trial, the court must instruct the jury about that limit.
(3) If the witness’s testimony does not tend to disprove the calling party’s position, the prior contradictory statement is not admissible, and the party may not reveal its contents to the factfinder while trying to refresh the witness’s memory.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.