Tardif v. City of New York et al

Filing 500

ORDER: The Court will conduct a voir dire examination of Dr. Krishna to elicit further information about the facts and circumstances of his conviction. The Court expects to conduct voir dire of Dr. Krishna after the close of trial proceedings on the trial day prior to the day on which Plaintiff will call Dr. Krishna to testify; counsel are welcome to conduct their own voir dire of Dr. Krishna at that time. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/6/2022) (mml)

Case 1:13-cv-04056-KMW-KNF Document 500 Filed 06/06/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: __________________
DATE FILED:
6/6/2022

MARY TARDIF,
Plaintiff,
13-CV-4056 (KMW)

-v-

ORDER

CITY OF NEW YORK,
Defendant.
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KIMBA M. WOOD, United States District Judge:
Defendant has indicated its intention to introduce evidence of a past felony conviction of
Dr. Ranga C. Krishna (ECF No. 469), an expert whom Plaintiff plans to call to testify. Plaintiff
objects that evidence concerning the conviction should be precluded. (ECF No. 488.) Because
this conviction occurred more than ten years ago, its admissibility is governed by Rule 609(b) of
the Federal Rules of Evidence. The Second Circuit has instructed that a district judge may admit
a conviction pursuant to this rule only after “mak[ing] an on-the-record determination supported
by specific facts and circumstances that the probative value of the evidence substantially
outweighs its prejudicial effect.” Jones v. N.Y.C. Health & Hosps. Corp., 102 F. App’x 223, 226
(2d Cir. 2004) (quoting United States v. Mahler, 579 F.2d 730, 736 (2d Cir. 1978)).
The Court will conduct a voir dire examination of Dr. Krishna to elicit further
information about the facts and circumstances of his conviction. The Court expects to conduct
voir dire of Dr. Krishna after the close of trial proceedings on the trial day prior to the day on

Case 1:13-cv-04056-KMW-KNF Document 500 Filed 06/06/22 Page 2 of 2

which Plaintiff will call Dr. Krishna to testify; counsel are welcome to conduct their own voir
dire of Dr. Krishna at that time.
SO ORDERED.
Dated: New York, New York
June 6, 2022

/s/ Kimba M. Wood
KIMBA M. WOOD
United States District Judge

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