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PEOPLE v. ORTEGA

Nos. 162, 194

15 N.Y.3d 610 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLDALYS ORTEGA, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE BENSTON, Appellant.

Court of Appeals of New York.

Decided November 23, 2010.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Jan Hoth and Robert S. Dean of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (Malancha Chanda and Richard Nahas of counsel), for respondent.

Legal Aid Society, Criminal Appeals Bureau, New York City (Paul Wiener and Steven Banks of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Robert R. Sandusky, III, Joseph N Ferdenzi and Mary Jo L. Blanchard of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ and JONES concur with Chief Judge LIPPMAN; Judge SMITH concurs in result in a separate opinion; Judge PIGOTT concurs in result in another opinion.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The common issue presented by these appeals is whether certain statements appearing in medical records were properly admitted at trial as relevant to diagnosis and treatment under the business records exception to the hearsay rule. We find no reversible error in either case and uphold the convictions.

People v Benston

Defendant, who was...

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