New York Court of Appeals

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

November 23, 201015 N.Y.3d 610

Summary

The Court affirmed the convictions in both Benston and Ortega, holding that statements in medical records relevant to diagnosis and treatment—such as references to domestic violence, a safety plan, and a victim being forced to ingest drugs—are admissible under the business records exception, and that any error admitting the belt's color was harmless. Separate concurring opinions agreed with the result but raised concerns about the breadth of the exception.