What is the test for establishing that a person can be found to be a witness in a trial?

MultiRegion, United States of America

The following excerpt is from Smith v. Wenderlich, 826 F.3d 641 (2nd Cir. 2016):

Smith , 101 A.D.3d at 763, 955 N.Y.S.2d at 375 (citing, inter alia , People v. Brinson , 90 A.D.3d at 67172, 933 N.Y.S.2d at 72930 ) (emphases added).

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