PEOPLE v. FISHER


201 A.D.2d 193 (1994)

The People of the State of New York, Respondent, v. Carl Fisher, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

August 11, 1994


Attorney(s) appearing for the Case

Carl Fisher, pro se, and Richard L. Herzfeld, New York City, for Carl Fisher, appellant.

Nancy Paterson of counsel, New York City (Tami J. Aisenson with her on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

MURPHY, P. J., WALLACH, ROSS and WILLIAMS, JJ., concur.


RUBIN, J.

The main issue raised on this appeal is whether the signed statement of the apprehending officer, dealing with a central element of the offense charged, should have been admitted into evidence. The circumstances of its preparation notwithstanding, the document was concededly signed by the officer and should have been received into evidence as a statement made in the ordinary course of Police Department...

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