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s under the influence of drugs or narcotics or alcohol at the time of observation of events in dispute or at the time the witness is testifying. As Wigmore points out, however, a general habit of intemperance tells us nothing of the witness's testimonial incapacity unless it involves actual intoxication
d Victim 4's ability to testify truthfully under Sasso. 59 F.3d at 348; see also Hernandez v. Kelly, No. 09 CV 1576 TLM LB, 2011 WL 2117611, at *5 (E.D.N.Y. May 27, 2011) (explaining that a condition must "bear[ ] on [a witness's] ability to rationally perceive events at the time and to accurately recol
s under the influence of drugs or narcotics or alcohol at the time of observation of events in dispute or at the time the witness is testifying. As Wigmore points out, however, a general habit of intemperance tells us nothing of the witness's testimonial incapacity unless it involves actual intoxication
d Victim 4's ability to testify truthfully under Sasso. 59 F.3d at 348; see also Hernandez v. Kelly, No. 09 CV 1576 TLM LB, 2011 WL 2117611, at *5 (E.D.N.Y. May 27, 2011) (explaining that a condition must "bear[ ] on [a witness's] ability to rationally perceive events at the time and to accurately recol
s under the influence of drugs or narcotics or alcohol at the time of observation of events in dispute or at the time the witness is testifying. As Wigmore points out, however, a general habit of intemperance tells us nothing of the witness's testimonial incapacity unless it involves actual intoxication
d Victim 4's ability to testify truthfully under Sasso. 59 F.3d at 348; see also Hernandez v. Kelly, No. 09 CV 1576 TLM LB, 2011 WL 2117611, at *5 (E.D.N.Y. May 27, 2011) (explaining that a condition must "bear[ ] on [a witness's] ability to rationally perceive events at the time and to accurately recol
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