A person who has been convicted of a crime is a competent witness; but the conviction may be proved, for the purpose of affecting the weight of his testimony, either by cross-examination, upon which he shall be required to answer any relevant question, or by the record. The party cross-examining is not concluded by such person’s answer.
§ 4513.Competency of person convicted of crime
Article 45. Evidence · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4513 lets a person convicted of a crime testify as a competent witness while allowing the conviction to be proved, through cross-examination or the record, solely to affect the weight a fact-finder gives that testimony.
Full Text of CPLR 4513
Plain-English Summary
CPLR 4513 keeps a criminal conviction from disqualifying a witness outright. Anyone convicted of a crime remains a competent witness, free to testify like anyone else. What the conviction can do is affect how much weight the testimony gets, not whether it can be given at all.
To get that impeachment value, a party can either cross-examine the witness about the conviction, and the witness must answer any relevant question about it, or introduce the official record of conviction. The cross-examiner is not bound by whatever answer the witness gives, meaning a denial does not close the door to proving the conviction some other way.
Frequently Asked Questions
Can a convicted felon testify as a witness in a New York civil case?
Yes. CPLR 4513 makes a person convicted of a crime a competent witness; the conviction affects only the weight of the testimony, not whether the person may testify.
How can a party prove a witness's prior conviction at trial?
Either through cross-examination, which the witness must answer, or by introducing the official record of the conviction.
If a witness denies having a conviction on cross-examination, is that the end of it?
No. CPLR 4513 says the cross-examining party is not concluded by the witness's answer and may still prove the conviction by the record.
Why does a party want to bring up a witness's conviction?
To affect the weight the fact-finder gives that witness's testimony, which is the only purpose CPLR 4513 allows for this kind of impeachment.
Does a conviction bar someone from being a witness at all?
No. CPLR 4513 keeps convicted persons fully competent to testify; only the credibility of their testimony is at stake.
Advisory Committee Notes
This section is the same as former § 350 with minor language changes.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: convicted felon testify New Yorkimpeachment by prior conviction CPLRcompetency of witness with criminal record