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discussed
Cited "see"
People v. Miles
Moreover, the arguments advanced by defendant in the motion were not the same arguments that counsel had previously commented upon and, given the passage of time and the factual inquiry undertaken by the court, it does not appear that counsel’s statements “influence [d] County Court’s determination in any meaningful way” (People v Curry, 123 AD3d 1381 , 1383 [2014], lv denied 25 NY3d 950 [2015]; see People v Wester, 82 AD3d 1677, 1678 [2011], lv denied 17 NY3d 803 [2011]).
discussed
Cited "see"
People v. Nadal
County Court sustained his objections to many of the other offending comments, giving “prompt and adequate curative instruction[s] that served to ameliorate any prejudice” (People v Van Vorst, 118 AD3d at 1037 ; see People v White, 79 AD3d 1460 , 1464 [2010], lv denied 17 NY3d 803 [2011]).
discussed
Cited "see"
People v. Nelson
As a general rule, such evidence may be admissible under the business record exception to the hearsay rule so long as the records “reflect acts, occurrences or events that relate to diagnosis, prognosis or treatment or are otherwise helpful to an understanding of the medical or surgical aspects of . . . [the particular patient’s] hospitalization” (People v Ortega, 15 NY3d 610, 617 [2010]; see People v Wright, 81 AD3d 1161, 1164 [2011], lv denied 17 NY3d 803 [2011]).
discussed
Cited "see"
People v. Maxwell
With respect to the victim’s criminal history, “[t]he fact that [she] had an unsavory background . . . [does] not render [her] testimony incredible” (People v Bernard, 100 AD3d 916, 916-917 [2012]; see People v Wellborn, 82 AD3d 1657, 1658 [2011], lv denied 17 NY3d 803 [2011]).
discussed
Cited "see"
People v. Maxwell
With respect to the victim’s criminal history, “[t]he fact that [she] had an unsavory background . . . [does] not render [her] testimony incredible” (People v Bernard, 100 AD3d 916, 916-917 [2012]; see People v Wellborn, 82 AD3d 1657, 1658 [2011], lv denied 17 NY3d 803 [2011]).
discussed
Cited "see"
MAXWELL, WILBERT T., PEOPLE v
With respect to the victim’s criminal history, “[t]he fact that [she] had an unsavory background . . . [does] not render [her] testimony incredible” (People v Bernard, 100 AD3d 916, 916-917 ; see People v Wellborn, 82 AD3d 1657, 1658 , lv denied 17 NY3d 803 ).
discussed
Cited "see"
People v. Bahr
Although the ambulance report itself was admissible under the business records exception to the hearsay rule (see CPLR 4518 [a]; CPL 60.10; People v Ortega, 15 NY3d 610, 617 [2010]), the hearsay statement contained therein and allegedly made by the victim — detailing his actions after he was struck with the beer bottle — did not “relate to diagnosis, prognosis or treatment” (People v Ortega, 15 NY3d at 617 [internal quotation marks and citations omitted]; see People v Wright, 81 AD3d 1161, 1164 [2011], lv denied 17 NY3d 803 [2011]).
discussed
Cited "see"
People v. Bahr
Although the ambulance report itself was admissible under the business records exception to the hearsay rule (see CPLR 4518 [a]; CPL 60.10; People v Ortega, 15 NY3d 610, 617 [2010]), the hearsay statement contained therein and allegedly made by the victim — detailing his actions after he was struck with the beer bottle — did not “relate to diagnosis, prognosis or treatment” (People v Ortega, 15 NY3d at 617 [internal quotation marks and citations omitted]; see People v Wright, 81 AD3d 1161, 1164 [2011], lv denied 17 NY3d 803 [2011]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
WESTER.
v.
WESTER.
Not in source.
New York Court of Appeals.
Jun 16, 2011.
Cited by 108 opinions | Published
Application in criminal case for leave to appeal denied. (Pigott, J.).