Admissibility of Evidence - Exceptions to the Rule against Hearsay - Expressions of Intent
Expressions of intent to perform a future act, when relevant, are an exception to the rule against hearsay. Such statements are allowed into evidence for their truth. In People v James[1] the Court of Appeals held that the speaker's statement of intent was admissible to prove his own actions as well as those actions of other persons named in the statement. However, before a statement of intent to engage in joint or cooperative activity is admissible against the named nondeclarant, it must be shown that (1) the declarant is unavailable ...; (2) the statement of the declarant's intent unambiguously contemplates some future action by the declarant, either jointly with the nondeclarant defendant or which requires the defendant's cooperation for its accomplishment (3) to the extent that the declaration expressly or impliedly refers to a prior understanding or arrangement with the nondeclarant defendant, it must be inferable under the circumstances that the understanding or arrangement occurred in the recent past and that the declarant was a party to it or had competent knowledge of it ...; and (4) there is independent evidence of reliability, i.e., a showing of circumstances which all but rule out a motive to falsify ... and evidence that the intended future acts were at least likely to have actually taken place.
[1] People v James, 93 N.Y.2d 620, 695 N.Y.S.2d 715, 717 N.E.2d 1052 (1999).
Expressions of intent to perform a future act, when relevant, are an exception to the rule against hearsay. Such statements are allowed into evidence for their truth. In People v James[1] the Court of Appeals held that the speaker's statement of intent was admissible to prove his own actions as well as those actions of other persons named in the statement. However, before a statement of intent to engage in joint or cooperative activity is admissible against the named nondeclarant, it must be shown that (1) the declarant is unavailable ...; (2) the statement of the declarant's intent unambiguously contemplates some future action by the declarant, either jointly with the nondeclarant defendant or which requires the defendant's cooperation for its accomplishment (3) to the extent that the declaration expressly or impliedly refers to a prior understanding or arrangement with the nondeclarant defendant, it must be inferable under the circumstances that the understanding or arrangement occurred in the recent past and that the declarant was a party to it or had competent knowledge of it ...; and (4) there is independent evidence of reliability, i.e., a showing of circumstances which all but rule out a motive to falsify ... and evidence that the intended future acts were at least likely to have actually taken place.
[1] People v James, 93 N.Y.2d 620, 695 N.Y.S.2d 715, 717 N.E.2d 1052 (1999).
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This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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