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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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.https://leagle.com/images/logo.png
January 14, 1997
January 14, 1997
Appellate Division of the Supreme Court of the State of New York, First Department.
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