People v. Riggsbee

Appellate Division of the Supreme Court of New York

People v. Riggsbee

159 A.D.2d 1018, 552 N.Y.S.2d 466, 1990 N.Y. App. Div. LEXIS 3343

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

DecidedMarch 16, 1990

StatusPublished

Cited by1 cases

This text of 159 A.D.2d 1018 (People v. Riggsbee) 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. Riggsbee, 159 A.D.2d 1018, 552 N.Y.S.2d 466, 1990 N.Y. App. Div. LEXIS 3343 (N.Y. Ct. App. 1990).

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Opinion

Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in admitting that portion of Deputy Ambridge’s hospital records stating that his injuries occurred at work. Since that portion of the hospital record was not relevant to the diagnosis or treatment of the officer, its admission was error (see, People v Jackson, 124 AD2d 975, 976, lv denied 69 NY2d 746). Nevertheless, we find the error harmless because the People’s proof of defendant’s guilt was overwhelming and there was no reasonable probability that, but for its admission, the jury would have acquitted defendant (see, People v Johnson, 57 NY2d 969, 970; People v Crimmins, 36 NY2d 230, 242).

Any error with respect to the adequacy of the court’s responses to jury questions is unpreserved for review and we [1019]*1019decline to reach the issue in the interest of justice (see, CPL 470.15 [6]). We have considered defendant’s remaining contentions and find them to be without merit. (Appeal from judgment of Oneida County Court, Buckley, J. — assault, second degree.) Present — Dillon, P. J., Doerr, Lawton, Davis and Lowery, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in admitting that portion of Deputy Ambridge’s hospital records stating that his injuries occurred at work. Since that portion of the hospital record was not relevant to the diagnosis or treatment of the officer, its admission was error (see, People v Jackson, 124 AD2d 975, 976, lv denied 69 NY2d 746). Nevertheless, we find the error harmless because the People’s proof of defendant’s guilt was overwhelming and there was no reasonable probability that, but for its admission, the jury would have acquitted defendant (see, People v Johnson, 57 NY2d 969, 970; People v Crimmins, 36 NY2d 230, 242).

Any error with respect to the adequacy of the court’s responses to jury questions is unpreserved for review and we [1019]*1019decline to reach the issue in the interest of justice (see, CPL 470.15 [6]). We have considered defendant’s remaining contentions and find them to be without merit. (Appeal from judgment of Oneida County Court, Buckley, J. — assault, second degree.) Present — Dillon, P. J., Doerr, Lawton, Davis and Lowery, JJ.

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Bluebook (online)

159 A.D.2d 1018, 552 N.Y.S.2d 466, 1990 N.Y. App. Div. LEXIS 3343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-riggsbee-nyappdiv-1990.

Opinion

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