Yes---what it would be worth is a different question.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
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It is possible. That does not mean that the testimony will be extremely helpful. That would depend on numerous factors.
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The DA could call the person who admitted as a witness but what is in it for that person?
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Anyone's eyewitness account is permissible in court. It is up to the finder of fact (judge or jury) to decide how much weight to give to that testimony.
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Based upon the limited information provided (btw don't post any more details on a website such as this), I wholly agree with NY counsel who have responded thus far. The situation you ask about gets considerably more problematic if both friends have been charged with the same offense(s). If you or your friend or both have been charged you guys need competent legal advice without delay.
:It probably is biased, but that goes to whether or not a jury/judge ought to believe it, not whether the testimony can be given. If you are one of these "friends," you should be talking to your own lawyer, not posting on AVVO.
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Sounds like some kind of "thought experiment" or logic puzzle ("one of them is lying, and one is telling the truth, which one")?
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While it is legally permissible, this usually only occurs where the admitting friend is cooperating with the State. The lawyer for the denying friend should be able to discredit the testimony based on the benefits being received by the admitting friend as a motive to lie.
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