Opinion
May 6, 1991
Appeal from the Supreme Court, Kings County (Juviler, J.).
Ordered that the judgment is affirmed.
The defendant contends that the People failed to establish his identity as one of the perpetrators beyond a reasonable doubt. Viewing the evidence in a light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant also contends that the trial court erred in admitting into evidence a redacted version of the defendant's July 4, 1985, hospital records. Because the redacted version of the defendant's hospital records contained more than just "facts which are `plain to the observation of anyone without expert or professional knowledge'" (Matter of Grand Jury Investigation, 59 N.Y.2d 130, 134, quoting Klein v Prudential Ins. Co., 221 N.Y.2d 449, 453), we find that the defendant's physician-patient privilege was violated. However, the error in admitting the defendant's hospital records into evidence was harmless given the overwhelming evidence of the defendant's guilt such that there is no significant probability that, had it not been for this error, the jury would have acquitted the defendant (see, People v Crimmins, 36 N.Y.2d 230). Mangano, P.J., Bracken, Kunzeman and Miller, JJ., concur.