NY · jury_instructions
CJI2d[NY] Witness, Refusal to Answer, Effect on Witness Credibility
WITNESS’S REFUSAL TO ANSWER QUESTIONS
Under our law, [as I have explained], you may consider whether a witness has engaged in criminal conduct [or specify], and if so, whether and to what extent it affects the believability of that witness's testimony.
In this case, (specify) testified and refused to answer certain questions relating to whether he/she has engaged in criminal conduct [or specify].
A witness has the right to refuse to answer questions which may incriminate him/her. At the same time, however, you may take into consideration his/her refusal to answer such questions in determining the believability and weight of his/her testimony.1
History
Caption: WITNESS’S REFUSAL TO ANSWER QUESTIONS. Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
eb9ee36417f6eaf673cd0f90dda14b017f333f3ffc3a7cdc2aa3153d03154554
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