Key Takeaway
New York courts remain inconsistent on admissibility of uncertified police reports, with some accepting them under CPLR 4518(a) while others reject them as inadmissible hearsay.
The Ongoing Confusion Over Police Report Admissibility in New York Courts
Police reports are frequently crucial pieces of evidence in personal injury cases, but their admissibility in New York courts has been frustratingly inconsistent. The evidentiary rules surrounding when these reports can be used at trial continue to perplex attorneys and judges alike, creating uncertainty in case preparation and strategy.
Under New York’s Civil Practice Law and Rules (CPLR) Section 4518(a), certain business records can be admitted into evidence without requiring live testimony from their creators, provided proper foundation is established. However, courts have struggled to apply this rule consistently to police reports, leading to contradictory rulings that leave practitioners guessing.
The fundamental issue centers on whether police reports constitute admissible business records or inadmissible hearsay, and whether certification is required for their admission. Some courts have found that the official duties of police officers provide sufficient foundation, while others demand strict compliance with authentication requirements.
Jason Tenenbaum’s Analysis:
Rivera v GT Acquisition 1 Corp., 2010 NY Slip Op 03158 (1st Dept. 2010)
“The motion court properly disregarded the uncertified police report and unauthenticated photographs as they constituted inadmissible hearsay”
In all fairness to Plaintiff, the courts have really been all over the place with the necessity of a police report to be certified. On some days, they say it is admissible in accordance with CPLR 4518(a) because a foundation may be imputed based upon the duties of the police officer. Other days, the courts have held that the police report contains admissions, which are admissible against the declarant. Now today, they have held that an uncertified police report is inadmissible.
Go figure.
Key Takeaway
The Rivera decision exemplifies the inconsistent treatment of police reports in New York courts. While some cases allow uncertified police reports when they contain admissions, others strictly require proper certification under CPLR 4518(a). This unpredictability makes it essential for attorneys to prepare alternative strategies and ensure proper authentication of all evidence, rather than relying on potentially conflicting precedents.
Legal Update (February 2026): Since this 2010 post, CPLR 4518 and related evidentiary rules governing business records and police report admissibility may have been subject to regulatory amendments or clarifying case law developments. Practitioners should verify current authentication requirements and certification procedures, as courts may have established more consistent standards for police report admissibility in the intervening years.
