People v. Brown

Jun 13, 2012
Versions:96 A.D.3d 869
946 N.Y.S.2d 480

Ordered that the judgment is affirmed.

The defendant‘s contention that he was deprived of a fair trial when certain hospital records were admitted into evidence in order to establish physical injury, an element of burglary in the first degree (see Penal Law § 140.30 [2]), is without merit, as the records were properly admitted under New York‘s business records exception to the hearsay rule (see CPLR 2306 [a]; 4518 [a], [c]; People v Damato, 79 AD3d 1060, 1061 [2010]; People v Verrilli, 69 AD3d 963, 964 [2010]).

The defendant‘s contention that the use of a letter of certification to authenticate the hospital records deprived him of his Sixth Amendment right to confrontation under Crawford v Washington (541 US 36 [2004]) is unpreserved for appellate review (see CPL 470.05 [2]) and, in any event, without merit, since the challenged certificate was not testimonial in nature (see generally People v Rawlins, 10 NY3d 136 [2008], cert denied sub nom. Meekins v New York, 557 US —, 129 S Ct 2856 [2009]).

The defendant was not deprived of the effective assistance of counsel, as defense counsel provided meaningful representation (see People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]). Rivera, J.P., Hall, Lott and Cohen, JJ., concur.