Summary
In Ortega, the statement that complainant was "forced to" smoke a white, powdery substance was relevant to complainant's diagnosis and treatment.
Summary of this case from People v. OrtegaOpinion
No. 981.
July 2, 2009.
Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered May 19, 2008, convicting defendant, after a jury trial, of two counts of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Malancha Chanda of counsel), for respondent.
Before: Andrias, J.P., Sweeny, McGuire, Acosta and Richter, JJ.
Regardless of whether the court should have made the redaction from the victim's hospital records that defendant requested, any error was harmless ( see People v Crimmins, 36 NY2d 230), since the prior consistent statement at issue added little or nothing to the People's case. Concur.