If the judge uses hearsay in summation before passing sentence, is that legal?

Asked on February 28, 2013 under Criminal Law, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The Hearsay rule is that hearsay is inadmissible; however, there are numerous exceptions to this rule in which hearsay is admissible.

The type of statement and the context in which the statement was made are some factors which determine whether the statement falls within  an exception to the Hearsay rule and is therefore admissible.   Most likely, the judge's statement fell within an exception to the Hearsay rule and was admissible. 

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