New York Laws
Article 60 - Rules of Evidence and Related Matters
60.40 - Rules of Evidence; Proof of Previous Conviction; When Allowed.

1. If in the course of a criminal proceeding, any witness, including
a defendant, is properly asked whether he was previously convicted of a
specified offense and answers in the negative or in an equivocal manner,
the party adverse to the one who called him may independently prove such
conviction. If in response to proper inquiry whether he has ever been
convicted of any offense the witness answers in the negative or in an
equivocal manner, the adverse party may independently prove any previous
conviction of the witness.

2. If a defendant in a criminal proceeding, through the testimony of
a witness called by him, offers evidence of his good character, the
people may independently prove any previous conviction of the defendant
for an offense the commission of which would tend to negate any
character trait or quality attributed to the defendant in such witness'
testimony.

3. Subject to the limitations prescribed in section 200.60, the
people may prove that a defendant has been previously convicted of an
offense when the fact of such previous conviction constitutes an element
of the offense charged, or proof thereof is otherwise essential to the
establishment of a legally sufficient case.

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