Opinion
July 11, 1986
Appeal from the Ontario County Court, Henry, J.
Present — Callahan, J.P., Doerr, Denman, Balio and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: The court erred in refusing to admit a certified copy of hospital records showing treatment of defendant. The records have clearly met the statutory test (CPLR 4518 [c]; see, Joyce v Kowalcewski, 80 A.D.2d 27, 29; Matter of Quinton A., 68 A.D.2d 394, 399, revd on other grounds 49 N.Y.2d 328). The court's concern about the history portion of the record presented no bar to its admission since this part could have been redacted. The error does not require reversal since the records would have been cumulative, there being no dispute that defendant suffered injuries at the time of his arrest.
While the proof of assault in the second degree was not overwhelming, it was sufficient to support the conviction.
Defendant's other arguments on appeal are without merit.