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PEOPLE v. CRUZ

283 A.D.2d 295 (2001)

728 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN CRUZ, Appellant.

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

Decided May 22, 2001.

The trial court improperly admitted the bank record reporting the loss of the subject credit cards into evidence. Since the owner of the credit cards had no business duty to make the report, the business records exception to the hearsay rule did not apply. Defendant's conviction on the criminal possession of stolen property counts must therefore be reversed since it was based on this inadmissible hearsay (People v Edmonds, 251 A.D.2d 197

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