The People v. David Rivera

OPINION OF THE COURT

Pigott, J.

Defendant, while seeking treatment from a psychiatrist, admitted to sexually abusing an 11-year-old relative. The psychiatrist notified the Administration for Children’s Services (ACS) of defendant’s admission. Subsequently, at defendant’s criminal trial, over defendant’s objection, the trial court permitted the psychiatrist to testify that defendant had made the admission. The issue on this appeal is whether the trial court’s ruling ran afoul of the physician-patient privilege (see CPLR 4504 [a]). We hold that it did.

I

On November 1, 2007, the child revealed to…