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PEOPLE v. RAMIREZ

Ind. No. 2339/17 Appeal No. 1163 Case No. 2020-01197.

222 A.D.3d 439 (2023)

199 N.Y.S.3d 67

2023 NY Slip Op 06320

The People of the State of New York, Respondent, v. Ruben Ramirez, Appellant.

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

Decided December 7, 2023.

Attorney(s) appearing for the Case

David Loftis , The Legal Aid Society, New York ( David Crow of counsel), and Kramer Levin Naftalis & Frankel LLP, New York ( David Richards of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Maria I. Wager of counsel), for respondent.

Concur— Webber, J.P., Scarpulla, Pitt-Burke, Rosado, O'Neill Levy, JJ.

Judgment, Supreme Court, Bronx County (Steven L. Barrett, J.), rendered December 2, 2019, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of nine years, unanimously affirmed.

Hospital records fall within the business records exception to the hearsay rule when they reflect "acts, occurrences or events that relate to diagnosis, prognosis or treatment or are otherwise...

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