PEOPLE v. EDWARDS (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Steven EDWARDS, Defendant-Appellant

Decided: May 07, 1999

PRESENT: GREEN, J.P., LAWTON, PIGOTT, JR., SCUDDER and BALIO, JJ.

Drew DuBrin, Atlanta, GA, for defendant-appellant. Patrick Fierro, Rochester, for plaintiff-respondent.

Defendant's sole contention is that County Court erred in admitting into evidence that portion of the victim's hospital records indicating that the victim was assaulted with a gun. We disagree. Because that statement was relevant to the victim's diagnosis and treatment, that portion of the hospital records was admissible under the business records exception to the hearsay rule (see, CPLR 4518[a]; Williams v. Alexander, 309 N.Y. 283, 287-288, 129 N.E.2d 417; People v. Goode, 179 A.D.2d 676, 677, 578 N.Y.S.2d 611, lv. denied 79 N.Y.2d 1001, 584 N.Y.S.2d 456, 594 N.E.2d 950; People v. Archie, 167 A.D.2d 925, 926, 561 N.Y.S.2d 1000, lv. denied 77 N.Y.2d 991, 571 N.Y.S.2d 917, 575 N.E.2d 403; People v. Singleton, 140 A.D.2d 388, 389, 527 N.Y.S.2d 867).

Judgment unanimously affirmed.

MEMORANDUM:

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