People v. Ortega

Smith, J. (concurring).

I agree with the result reached by the majority, but I think its analysis needs to be expanded.

The majority says that hospital records containing statements made by crime victims are admissible in criminal prosecutions under the business records exception to the hearsay rule. A number of Appellate Division cases say the same thing (see People v Edwards, 261 AD2d 899 [4th Dept 1999]; People v Bailey, 252 AD2d 815 [3d Dept 1998]; People v Goode, 179 AD2d 676 [2d Dept 1992]; People v Torres, 175 AD2d 635 [4th Dept 1991]; People v Archie, 167 AD2d 925 [4th Dept 1990];…