Judgment affirmed.
The defense offered testimony attributing defendant's physical condition to a bruise he received in the accident. The People in rebuttal offered testimony as to his physical condition by a doctor who examined him at Grasslands Hospital where he went for treatment following the accident. The testimony of defendant's witnesses must be deemed to have been "given with his knowledge and consent" (see Capron v Douglass, 193 N.Y. 11, 17), thus constituting...
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