People v. Drake

This case presents question as to whether trial court properly admitted victim’s hearsay statement made to nurse in trial on charge of aggravated battery of child, where said statement identified defendant as individual who forcible held six-year-old victim under scalding water. Appellate Court found that said statement did not qualify as exception to hearsay rule under section 803(4), since victim’s statement to nurse was not made to assist nurse in victim’s medical diagnosis or treatment. Appellate Court further found that outright reversal as opposed to remand for new trial was appropriate, since admissible evidence introduced at trial was insufficient to establish defendant’s guilt beyond reasonable doubt. State, though, in its petition for leave to appeal, argues that Appellate Court should have considered excluded hearsay statement, in conjunction with remaining admissible evidence, to determine whether remand or outright reversal is appropriate remedy. (Partial dissent filed.)