AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN EGBERT, Appellant.

Judgment unanimously affirmed. Memorandum: The court erred in refusing to admit a certified copy of hospital records showing treatment of defendant. The records have clearly met the statutory test (CPLR 4518 [c]; see, Joyce v Kowalcewski, 80 A.D.2d 27, 29; Matter of Quinton A., 68 A.D.2d 394, 399, revd on other grounds 49 N.Y.2d 328). The court's concern about the history portion of the record presented no bar to its admission since this part could have been redacted. The error does not require reversal since the records would have been cumulative, there being no dispute that defendant suffered injuries at the time of his arrest.

While the proof of assault in the second degree was not overwhelming, it was sufficient to support the conviction.

Defendant's other arguments on appeal are without merit.

Use AI to get other relevant cases.

Comments

PEOPLE v. EGBERT
(Jul 11, 1986)