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Domestic Violence Defendant Contends use of Medical Records Inadmissable as Evidence


A woman had a boyfriend since she was 14 years old until she reached the age of 20. They broke up and went their separate ways living separate lives. Years later, the boyfriend and the woman met up again. The boyfriend did not have a place to live. So for old time’s sake, the woman allowed her old boyfriend to stay in the spare bedroom in her apartment.

The old boyfriend paid rent to the woman. A New York Criminal Lawyer said the woman saved up the money he had been paying as rent and she planned to give it back to him when he has finally found a suitable place to live.

During the course of their living arrangement, the old boyfriend needed to break his five dollar bill into quarters so that he can do his laundry at the laundromat. He took five dollars in quarters from the coin purse of the woman and put in a five dollar bill. Later, he told the woman what he had done. The woman got upset because she suspected that her old boyfriend was going through her personal belongings.

The old boyfriend’s temper flared. A New York Criminal Lawyer said he strangled the woman with her own scarf and then when he found a leather belt, he assaulted her by spanking her repeatedly with the belt. The woman was finally able to free herself from her old boyfriend and called 911. When she came out of her bedroom, she saw that her old boyfriend had fled.

She then took all of the old boyfriend’s belongings and brought his things to her old boyfriend’s brother’s house for safekeeping. By the time she arrived at the apartment, the police had also arrived. The police officer found the old boyfriend crouched and hiding in a dark corner of the woman’s apartment.

The police officer noted the disarray in the apartment and saw the bruises on the woman’s body and arrested the old boyfriend and brought the woman to the hospital. When she was there, her medical history was taken. She was asked what happened to her and how she sustained her injuries. She was also asked who inflicted the injuries upon her. She told the medical personnel that she was strangled by an old boyfriend who used a leather belt. The attending physician at the emergency room put his diagnosis as domestic violence and asphyxiation.

The boyfriend was charged with assault and a temporary order of protection was issued against him at his arraignment. Days later, the old boyfriend telephoned the woman several times and showed up at her apartment door. A few days after the old boyfriend came to her apartment and attempted to kick her front door in. Days after that, the old boyfriend stalked the woman, he followed her from her apartment and approached her on the street. When she got off from the bus after her work, the old boyfriend approached her and talked to her. He threatened her and told her not to testify against him. He also told the woman that he had a razor in his pocket and that he will not hesitate to kill her.

The old boyfriend was charged with attempted murder in the second degree (for his attempt to strangle her). He was charged and convicted of assault in the second degree; and also convicted of attempted assault in the second degree; criminal possession of a weapon; four counts of criminal contempt for the violation of the order of protection; two counts of criminal contempt in the second degree; one count of intimidating a victim or witness; aggravated harassment and harassment.

The old boyfriend appealed his convictions but the Appellate Division affirmed all his convictions. A New York Drug Possession Lawyer said the Appellate Division ruled that the trial court did not err or abuse its discretion when it allowed the medical records and the testimony of the attending physician to be admitted into evidence. The attending physician testified that the woman was subjected to domestic violence inflicted by an old boyfriend.

The Court affirmed the assailed decision of the Appellate Division noting that even when the man and the woman were not having sexual relations at the time, they were sharing one house and that they had a former relationship. The medical records which reflected the nature of the crime as domestic violence and that the perpetrator of the violence was an old boyfriend are all entries in medical records which are included under business records which are an exemption to the hearsay rule.

New York Domestic Violence lawyers at Stephen Bilkis and Associates can advice you that a couple need not be married or having sexual relations for injuries to be categorized as domestic violence. Whether you have been charge with domestic violence, sex crimes, or a theft crime, our office can help. Call Stephen Bilkis and Associates to speak with any of our attorneys. They are willing to assist you and advice you.

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