Opinion
May 7, 1999
Appeal from Judgment of Monroe County Court, Smith, J. — Robbery, 1st Degree.
Present — Green, J. P., Lawton, Pigott, Jr., Scudder and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's sole contention is that County Court erred in admitting into evidence that portion of the victim's hospital records indicating that the victim was assaulted with a gun. We disagree. Because that statement was relevant to the victim's diagnosis and treatment, that portion of the hospital records was admissible under the business records exception to the hearsay rule ( see, CPLR 4518 [a]; Williams v. Alexander, 309 N.Y. 283, 287-288; People v. Goode, 179 A.D.2d 676, 677, lv denied 79 N.Y.2d 1001; People v. Archie, 167 A.D.2d 925, 926, lv denied 77 N.Y.2d 991; People v. Singleton, 140 A.D.2d 388, 389).