People v. Madison

Appellate Division of the Supreme Court of New York

People v. Madison

47 A.D.2d 908, 366 N.Y.S.2d 223, 1975 N.Y. App. Div. LEXIS 9333

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

DecidedApril 7, 1975

StatusPublished

This text of 47 A.D.2d 908 (People v. Madison) 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. Madison, 47 A.D.2d 908, 366 N.Y.S.2d 223, 1975 N.Y. App. Div. LEXIS 9333 (N.Y. Ct. App. 1975).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Westchester County, rendered January 22, 1974, convicting him of robbery in the first degree, possession of a weapon, dangerous instrument and appliance, as a felony (two counts), and petit larceny, upon a jury verdict, and imposing sentence. Judgment affirmed. In our opinion, the admission of testimony as to what defendant said to hospital emergency room physicians and nurses was harmless error. This testimony was essentially cumulative to that given by New Rochelle Patrolman Huffman as to statements made to him by defendant and his father-in-law when defendant entered the hospital. Patrolman Huffman was in uniform when defendant spoke to him. The circumstances surrounding the making of the statements to the police officer show that they were not made for the purpose of obtaining medical treatment but in fact to allay possible police suspicion. Hopkins, Acting P. J., Latharn, Cohalan, Brennan and Munder, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Westchester County, rendered January 22, 1974, convicting him of robbery in the first degree, possession of a weapon, dangerous instrument and appliance, as a felony (two counts), and petit larceny, upon a jury verdict, and imposing sentence. Judgment affirmed. In our opinion, the admission of testimony as to what defendant said to hospital emergency room physicians and nurses was harmless error. This testimony was essentially cumulative to that given by New Rochelle Patrolman Huffman as to statements made to him by defendant and his father-in-law when defendant entered the hospital. Patrolman Huffman was in uniform when defendant spoke to him. The circumstances surrounding the making of the statements to the police officer show that they were not made for the purpose of obtaining medical treatment but in fact to allay possible police suspicion. Hopkins, Acting P. J., Latharn, Cohalan, Brennan and Munder, JJ., concur.

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Bluebook (online)

47 A.D.2d 908, 366 N.Y.S.2d 223, 1975 N.Y. App. Div. LEXIS 9333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-madison-nyappdiv-1975.