PEOPLE v. SMITH


235 A.D.2d 252 (1997)

653 N.Y.S.2d 293

The People of the State of New York, Respondent, v. Debah Smith, Appellant

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

January 14, 1997


The court properly exercised its discretion when it declined to receive in evidence hospital records allegedly bearing on the mental condition of the person stabbed by defendant. Defendant claimed to have disarmed this individual, who had allegedly attacked defendant with a knife. Nevertheless, the mental condition of the purported assailant, who did not testify at trial, was irrelevant, under the facts presented, to defendant's defense of temporary lawful possession (

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