People v. Hopson

Appellate Division of the Supreme Court of New York

People v. Hopson

182 A.D.2d 441, 582 N.Y.S.2d 168, 1992 N.Y. App. Div. LEXIS 5656

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 9, 1992

StatusPublished

Cited by2 cases

This text of 182 A.D.2d 441 (People v. Hopson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Hopson, 182 A.D.2d 441, 582 N.Y.S.2d 168, 1992 N.Y. App. Div. LEXIS 5656 (N.Y. Ct. App. 1992).

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Opinion

Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered November 8, 1989, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and resisting arrest, and sentencing Mm to concurrent terms of imprisonment of 1 to 8 years and 1 year, respectively, unanimously affirmed.

The People’s evidence at trial was that defendant was observed displaying a pistol to another person, attempted to discard the weapon in a trash can upon arrival of the police, and struggled violently with the police when they arrested him. Each of the officers testified that they were injured in the struggle and that defendant was not. Defendant argues that he was deprived of a fair trial by the exclusion of medical records that would have demonstrated that he was injured, and thereby lend support to Ms theory that the police fabricated their story that he possessed a gun and resisted arrest in order to cover the truth that they unjustifiably beat Mm.

We disagree, no foundation having been laid for the admission of these records, linking their contents to the struggle with the police officers, and no offer of proof having been made of the contents of the record. Under these circumstances, the records were not admissible either to impeach the credibility of the officers, or to establish a justification defense to the charge of resisting arrest. Concur — Murphy, P. J.,

' Rosenberger, Ellerin, Ross and Rubin, JJ.

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Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered November 8, 1989, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and resisting arrest, and sentencing Mm to concurrent terms of imprisonment of 1 to 8 years and 1 year, respectively, unanimously affirmed.

The People’s evidence at trial was that defendant was observed displaying a pistol to another person, attempted to discard the weapon in a trash can upon arrival of the police, and struggled violently with the police when they arrested him. Each of the officers testified that they were injured in the struggle and that defendant was not. Defendant argues that he was deprived of a fair trial by the exclusion of medical records that would have demonstrated that he was injured, and thereby lend support to Ms theory that the police fabricated their story that he possessed a gun and resisted arrest in order to cover the truth that they unjustifiably beat Mm.

We disagree, no foundation having been laid for the admission of these records, linking their contents to the struggle with the police officers, and no offer of proof having been made of the contents of the record. Under these circumstances, the records were not admissible either to impeach the credibility of the officers, or to establish a justification defense to the charge of resisting arrest. Concur — Murphy, P. J.,

' Rosenberger, Ellerin, Ross and Rubin, JJ.

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Bluebook (online)

182 A.D.2d 441, 582 N.Y.S.2d 168, 1992 N.Y. App. Div. LEXIS 5656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hopson-nyappdiv-1992.

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