13 Cited authorities

  1. People v. Kennedy

    68 N.Y.2d 569 (N.Y. 1986)   Cited 340 times
    Declining to decide whether expert testimony ever would suffice to lay a foundation for the business records exception, and holding that documents should not have been admitted where expert's testimony failed to establish that it was the regular course of the subject business to make the records in question
  2. People v. Geraci

    85 N.Y.2d 359 (N.Y. 1995)   Cited 240 times   1 Legal Analyses
    Adopting procedure and burden of proof established by Holtzman
  3. In re Leon RR

    48 N.Y.2d 117 (N.Y. 1979)   Cited 356 times
    In Matter of Leon R.R., 48 N.Y.2d 117 (1979), the Court of Appeals found the wholesale admission of a child's entire case file, replete with inadmissible hearsay, maintained by the St. Lawrence County Department of Social Services as a business record required reversal in a termination of parental rights proceeding.
  4. People v. Ortega

    2010 N.Y. Slip Op. 8608 (N.Y. 2010)   Cited 101 times
    In Ortega, the Court of Appeals confirmed a recent expansion of the exception to include even statements about the identity of the perpetrator, where such statements are germane to mental health treatment, safety planning, and other forms of medical and mental health services.
  5. People v. Nieves

    67 N.Y.2d 125 (N.Y. 1986)   Cited 195 times
    In Nieves, as in Tates, the theory argued by the People on appeal had been expressly disclaimed by the prosecutor during the evidentiary hearing (see People v Nieves, 67 N.Y.2d at 129-130).
  6. People v. Brensic

    70 N.Y.2d 9 (N.Y. 1987)   Cited 176 times
    In Brensic, the defendants claimed that the admission of such evidence as declarations against penal interest violated New York evidentiary law and denied them their rights of confrontation and due process under the federal and state Constitutions.
  7. Nucci v. Proper

    95 N.Y.2d 597 (N.Y. 2001)   Cited 99 times
    Noting that hearsay statements may only be admitted if they fall within a "recognized exception" to the hearsay rule "and then only if the proponent demonstrates that the evidence is reliable"
  8. People v. Hardy

    2015 N.Y. Slip Op. 8369 (N.Y. 2015)   Cited 57 times

    11-18-2015 The PEOPLE of the State of New York, Respondent, v. Pettis HARDY, Appellant. Richard M. Greenberg, Office of the Appellate Defender, New York City (Eunice C. Lee of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Jared Wolkowitz, Manu K. Balachandran and Alan Gadlin of counsel), for respondent. FAHEY, J. Richard M. Greenberg, Office of the Appellate Defender, New York City (Eunice C. Lee of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney

  9. Palladino v. CNY Centro, Inc.

    2014 N.Y. Slip Op. 2378 (N.Y. 2014)   Cited 36 times
    Finding Martin applied in a suit brought by a member of the defendant union
  10. State Farm Mut. Auto. Ins. Co. v. Fitzgerald

    2015 N.Y. Slip Op. 5626 (N.Y. 2015)   Cited 33 times

    No. 119 07-01-2015 In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Patrick FITZGERALD, Respondent. Rivkin Radler LLP, Uniondale (Henry Mascia, Evan H. Krinick and Cheryl F. Korman of counsel), for appellant. Frank J. Laine, P.C., Plainview (Frank Braunstein of counsel), for respondent. ABDUS–SALAAM, J. Rivkin Radler LLP, Uniondale (Henry Mascia, Evan H. Krinick and Cheryl F. Korman of counsel), for appellant. Frank J. Laine, P.C., Plainview (Frank Braunstein of counsel)