People v Ramos, 2010 NY Slip Op 00192 (Ct. App., 2010)
The trial court erred when it admitted hearsay evidence without a proper foundation (CPLR 4518[a]). Even assuming some documents may be admitted as business records without foundation testimony (see People v. Kennedy, 68 NY2d 569, 577 n 4), the record at issue in this case was not such a document. Nothing on its face indicates that it “was made in the regular course of business and that it was the regular course of business to make it” (CPLR 4518[a]). Nor can the error be deemed harmless in the circumstances of this case.