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State v. Christian3/9/2004
s of documents created for business rather than litigation purposes); Bell Food Services, Inc. v. Sherbacow, 217 Conn. 476, 486, 586 A.2d 1157 (1991) (fact that the business relies on such records tends to establish their trustworthiness); see generally New England Savings Bank v. Bedford Realty Corp., supra, 600-601 (setting forth development of rule)." (Internal quotation marks omitted.) State v. Kirsch, 263 Conn. 390, 400, 820 A.2d 236 (2003).
"To be admissible under the business record exception to the hearsay rule, a trial court judge must find that the record satisfies each of the three conditions set forth in ...§ 52-180. The court must determine, before concluding that it is admissible, that the record was made in the regular course of business, that it was the regular course of such business to make such a record, and that it was made at the time of the act described in the report, or within a reasonable time thereafter. . . . In applying the business records exception, the statute [§ 52-180] should be liberally interpreted." (Internal quotation marks omitted.) Calcano v. Calcano, supra, 257 Conn. 240-41.
We need not decide whether the trial court's failure to admit the run sheets into evidence under § 52-180 was improper because, even if it was, the impropriety was harmless. As we previously have stated, Ruggiero and Ford both testified that their run sheets referenced the fact that the defendant was confused, rather than oriented. See part III A of this opinion. The run sheets would have been merely cumulative of this testimony and, therefore, any impropriety in disallowing the run sheets under § 52-180 was harmless. See State v. DeJesus, 260 Conn. 466, 486, 797 A.2d 1101 (2002) (exclusion of cumulative evidence harmless).
The judgment is affirmed.
In this opinion the other justices concurred.
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