Court of Appeals of New York

Testimony of a subpoenaed fact witness, who receives a fee alleged to be disproportionately in excess of the statutory mandatory fee requirement for attendance at trial is generally admissible but the trial court should, in a proper case, charge the jury as to the witness's potential bias, in light of the perceived excessiveness of the fee, and here the Supreme Court should have issued a bias charge specifically tailored to address defendant's payment to the doctor-witness, but the failure to do so was harmless.

Appellate Information

• Decided 02/07/2013
• Published 02/07/2013

Judges

• PIGOTT

Court

• Court of Appeals of New York

Counsel