17 N.Y.3d 70 (2011)
A witness’s reputation for truthfulness within their family and among family friends can be admissible as evidence, provided a proper foundation is laid demonstrating the reliability of the community’s assessment.
Summary
In a child sexual abuse case, the New York Court of Appeals addressed whether the trial court erred in excluding testimony from the defendant’s parents regarding the complainant’s reputation for untruthfulness within their family. The Court of Appeals held that the trial court abused its discretion by precluding such testimony, finding that the family and family friends could constitute a relevant community for assessing reputation, and the parents’ testimony laid a sufficient foundation. This decision clarifies that reputation evidence is not strictly limited to residential or professional communities, but can extend to any group where an individual’s character is observed sufficiently to form a reliable reputation.
Facts
Defendant was charged with sexually abusing his niece between August and December 2005. At trial, the niece testified to multiple instances of abuse in the defendant’s bedroom. The defendant denied the allegations. The defendant’s parents testified, corroborating his alibi. Defense counsel sought to introduce testimony from the parents that the complainant had a bad reputation for truthfulness among their family and family friends.
Procedural History
The trial court sustained objections to the reputation testimony, finding an improper foundation. The defendant was convicted of sexual abuse and endangering the welfare of a child. The Appellate Division reversed, holding that the trial court erred in precluding the reputation testimony. The People appealed to the New York Court of Appeals.
Issue(s)
Whether the trial court erred in precluding the defendant from presenting testimony from family members regarding the complainant’s reputation for untruthfulness within their family and circle of family friends.
Holding
Yes, because the family and family friends can constitute a relevant community for purposes of introducing testimony pertaining to an opposing witness’s bad reputation for truth and veracity, and a proper foundation had been laid.
Court’s Reasoning
The Court of Appeals relied on established precedent affirming a party’s right to present witnesses testifying to an opposing witness’s bad reputation for truthfulness, provided a proper foundation exists (citing People v. Pavao, 59 N.Y.2d 282 (1983)). The court stated, “a trial court must allow such testimony, once a foundation has been laid, so long as it is relevant to contradict the testimony of a key witness and is limited to general reputation for truth and veracity” (citing People v. Hanley, 5 N.Y.3d 108, 112 (2005)). The Court emphasized that reputation evidence may stem from any community where an individual’s associations permit sufficient observation to ensure reliability (citing People v. Bouton, 50 N.Y.2d 130 (1980)). It rejected the argument that family members’ potential bias justified excluding the testimony, stating that credibility is a jury question, not a basis for excluding relevant evidence. The court found the parents’ testimony established an adequate foundation, as they demonstrated extensive knowledge of the complainant and awareness of her reputation within the extended family. Therefore, excluding this evidence prevented the jury from properly assessing the complainant’s credibility, warranting a new trial.