Hearsay – It really is not

Understanding Hearsay Evidence in New York Criminal Law

When dealing with criminal cases in New York, particularly those involving personal injury and assault claims across Long Island and New York City, understanding the nuances of hearsay evidence is crucial for both legal practitioners and victims seeking justice. A recent appellate decision has provided important clarification on what constitutes hearsay testimony and when certain exceptions apply.

The Curran Decision: A Landmark Ruling on Hearsay

People v Curran, 2013 NY Slip Op 00613 (4th Dept. 2013)

“We note that the victim’s testimony about her own out-of-court statements did not constitute hearsay and, therefore, application of the “prompt outcry” exception was not necessary for the admission of that testimony.”

I am not sure I ever saw an appellate court definitively state that the deponent’s own prior statements were not hearsay. I always thought that was the case, and the Appellate Division agreed.

What This Ruling Means for Personal Injury Cases

This decision from New York’s Fourth Appellate Department has significant implications for personal injury attorneys and their clients throughout Nassau County, Suffolk County, and the five boroughs of New York City. The court’s explicit statement that a victim’s testimony about their own out-of-court statements does not constitute hearsay provides crucial precedent for future cases.

The Legal Definition of Hearsay

Under New York law, hearsay is generally defined as an out-of-court statement offered to prove the truth of the matter asserted. The rule against hearsay exists because such statements lack the reliability safeguards of in-court testimony, including cross-examination and the witness’s oath. However, there are numerous exceptions to this rule, and the Curran decision clarifies an important distinction.

Why a Victim’s Own Statements Are Not Hearsay

The Fourth Department’s ruling makes clear that when a victim testifies about their own previous out-of-court statements, this testimony does not fall under the hearsay rule. This is because the person making the original statement is the same person testifying in court, eliminating many of the reliability concerns that underpin the hearsay prohibition.

This distinction is particularly important in personal injury cases where victims may have made statements to police officers, emergency responders, medical personnel, or insurance adjusters immediately following an accident or assault. Under this ruling, victims can testify about what they previously told these individuals without requiring the application of hearsay exceptions.

Implications for Long Island and NYC Personal Injury Cases

For personal injury victims on Long Island and throughout New York City, this ruling provides several advantages:

Strengthened Testimony

Victims can now more easily introduce their own prior statements made at the scene of an accident or in the immediate aftermath. This can include statements made to police officers responding to car accidents in Nassau or Suffolk Counties, or to emergency responders at the scene of slip-and-fall incidents in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island.

No Need for Prompt Outcry Exception

Previously, attorneys might have needed to rely on the “prompt outcry” exception or other hearsay exceptions to introduce such testimony. The Curran decision eliminates this requirement when the victim is testifying about their own statements, simplifying the evidentiary process.

The Prompt Outcry Exception

While the Curran decision makes clear that the prompt outcry exception is unnecessary when a victim testifies about their own statements, understanding this exception remains important for other scenarios. The prompt outcry exception traditionally applies to statements made spontaneously and without deliberation, typically in cases involving sexual assault or domestic violence.

When the Exception Still Applies

The prompt outcry exception remains relevant when third parties testify about what they heard the victim say. For instance, if a police officer, paramedic, or witness wants to testify about statements they heard the victim make, the prompt outcry exception or other hearsay exceptions might still be necessary.

Practical Applications in Personal Injury Law

This ruling has practical implications for various types of personal injury cases throughout the New York metropolitan area:

Motor Vehicle Accidents

In car accident cases on Long Island’s highways or New York City streets, victims can now testify about statements they made to responding officers without hearsay concerns. This can include descriptions of how the accident occurred, statements about pain and injuries, or identification of the at-fault driver.

Premises Liability Cases

For slip-and-fall or other premises liability cases in commercial establishments, victims can testify about complaints they made to store employees or managers about the dangerous condition that caused their injury.

Medical Malpractice Claims

In medical malpractice cases, patients can testify about statements they made to healthcare providers regarding their symptoms, pain levels, or concerns about their treatment.

Strategic Considerations for Legal Representation

For attorneys representing personal injury clients, this decision provides strategic advantages but also requires careful preparation. Lawyers should thoroughly document their clients’ prior statements and prepare them to testify accurately about what they previously said and when.

Documentation is Key

While victims can testify about their own statements without hearsay concerns, having contemporaneous documentation strengthens the testimony’s credibility. This might include police reports, medical records, or insurance claim files that document the victim’s statements.

Frequently Asked Questions

Does this ruling apply to all types of cases?

While the Curran decision was rendered in a criminal case, the evidentiary principles apply equally to civil personal injury litigation in New York.

Can insurance companies use this ruling against injury victims?

The ruling cuts both ways – while it allows victims to more easily introduce their favorable statements, it also means that inconsistent or damaging statements they made can be introduced without hearsay objections.

How does this affect settlement negotiations?

Knowing that a victim’s prior statements can be easily introduced at trial may influence both sides’ assessment of a case’s settlement value.

Does this apply to statements made to attorneys?

Statements made to attorneys are typically protected by attorney-client privilege, which is a separate protection from hearsay rules.

Get Experienced Legal Help

If you or a loved one has been injured in an accident anywhere on Long Island or throughout New York City, understanding how your statements can be used in your case is crucial. The experienced personal injury attorneys at the Law Office of Jason Tenenbaum have successfully handled thousands of cases involving complex evidentiary issues.

Don’t let insurance companies or opposing counsel intimidate you with complicated legal rules. Our team understands how recent court decisions like People v Curran can be used to strengthen your case and maximize your compensation.

Call (516) 750-0595 today for a free consultation. We’ll review your case, explain how the law applies to your specific situation, and fight to get you the compensation you deserve. Remember, we work on a contingency fee basis – you don’t pay unless we win your case.

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• The CPLR 3212(g) paradigm
• Reasonable excuse satisfied despite claim of lack of personal jurisdiction

Legal Update (February 2026): Since this 2013 post, New York’s evidence rules and hearsay exceptions may have been modified through legislative amendments, court rule changes, or evolving case law interpretations. Additionally, procedural requirements for admitting victim statements and the application of hearsay exceptions in personal injury contexts may have been refined through subsequent appellate decisions. Practitioners should verify current evidence rules and recent case law developments when relying on hearsay testimony strategies.