People v. Becraft

Judgment unanimously modified on the law and as modified affirmed and new trial granted on count four of the indictment, in accordance with the following Memorandum: The trial court erred in admitting, over objection, the history portion of the hospital record of one of the child victims. A hospital record may be admitted under the business record exception to the hearsay rule but admissibility is limited to entries relating to diagnosis and treatment of the patient (People v Jackson, 124 AD2d 975, 976, lv denied 69 NY2d 746; see also, People v Archie, 167 AD2d 925, 926, lv denied 77 NY2d…