People v. Barnes

• Decision Date: 15 November 1988
• Citation: 534 N.Y.S.2d 280,144 A.D.2d 995
• Court: New York Supreme Court — Appellate Division
• Parties: PEOPLE of the State of New York, Respondent, v. Alan BARNES, Appellant.

Page 280

534 N.Y.S.2d 280

144 A.D.2d 995

PEOPLE of the State of New York, Respondent, v.Alan BARNES, Appellant.

Supreme Court, Appellate Division, Fourth Department.

Nov. 15, 1988.

Edward J. Nowak by Howard Broder, Rochester, for appellant.

Howard Relin by Alan Cruikshank, Rochester, for respondent.

Before CALLAHAN, J.P., and DOERR, GREEN, PINE and DAVIS, JJ.

MEMORANDUM:

Defendant complains that he was denied a fair trial when the victim's hospital record was received into evidence.The hospital record included a narrative of the assault given to the emergency room physician.Although this was improper bolstering (see, Williams v. Alexander, 309 N.Y. 283, 287, 129 N.E.2d 417;People v. Harris, 132 A.D.2d 940, 941, 518 N.Y.S.2d 269;People v. Jackson, 124 A.D.2d 975, 509 N.Y.S.2d 230, lv. denied69 N.Y.2d 746, 512 N.Y.S.2d 1051, 505 N.E.2d 249), we conclude that the error in admitting the record was harmless.The evidence against defendant was overwhelming, and the narrative in the hospital record was merely cumulative of other properly admitted evidence (see, People v. Johnson, 57 N.Y.2d 969, 970, 457 N.Y.S.2d 230, 443 N.E.2d 478); there is no significant probability that defendant would not have been convicted without the admission of that evidence (see, People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787).

JUDGMENT UNANIMOUSLY AFFIRMED.