What is the effect of a defendant's stipulation on the validity of a business record exception to the hearsay rule?
California, United States of America
The following excerpt is from People v. Najera, No. G042387 (Cal. App. 6/15/2010), No. G042387. (Cal. App. 2010):
There was abundant evidence of defendant's guilt apart from the remaining hearsay evidence. As defendant's stipulations had the effect of establishing the business record exception to the hearsay rule as to five of the receipts, the hearsay evidence of the remaining receipts was cumulative and harmless. (Evid. Code, 353; People v. Watson (1956) 46 Cal.2d 818, 836.)
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