The People of the State of New York, Respondent v. Oldalys Ortega, Appellant; the People of the State of New York…

Summary

The New York Court of Appeals affirmed the convictions in both People v. Benston and People v. Ortega, holding that the contested statements in the victims' medical records were properly admitted under the business records exception because they were relevant to diagnosis and treatment, and any error in admitting the belt's color was harmless. Separate concurring opinions argued that the business records exception alone does not cure the hearsay problem and advocated adopting a medical diagnosis‑treatment hearsay exception, while another concurrence stressed the need for redaction of irrelevant information and raised Confrontation Clause concerns.