In People v. Conde (16 AD2d 327), the defendant was convicted of Manslaughter in the Second Degree for striking a woman with whom he shared an intimate relationship. The blow cause major injuries which necessitated surgery and resulted in the victim's death. The decedent's hospital record and history were admitted as necessary to diagnosis and treatment over the People's objections. (See, CPLR 4518 (b) formerly 374-a of the Civil Practice Act). The surgeon had testified that hte history of trauma aided his preoperative diagnosis. The history as provided by decedent indicated that her injuries occurred when she fell from a ladder. The Appellate Division held that the trial court correctly allowed the prosecutor to introduce into evidence decedent's affidavit to the effect that defendant struck her with his fist "so hard that he knocked me right of the chair... I first told the people at the hospital that I fell off a ladder, because I did not want to hurt Bill Conde. Later I realized that the police would find out anyway, so now I am telling the whole story truthfully."