Legal Opinion

People v. Gomez

New York Supreme Court

Decided April 2, 1990PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Eugene J. Berkowitz, J.

Is the physician-patient privilege violated if doctors, and/or other persons present during a surgical procedure to remove controlled substances swallowed by a patient, subsequently testify before a Grand Jury or at trial?

This is the issue raised by the defendant, herein, as part of his omnibus motion submitted to the court.

The defendant, indicted for criminal possession of a controlled substance in the first degree (four ounces or more of cocaine), is seeking the following relief:(1), (2) and (3) inspection of the Grand Jury minutes and dismissal of…

2Cases cited7 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. People v. Calbud, Inc.New York Court of Appeals · 1980
  3. In re Grand Jury Investigation of Onondaga CountyNew York Court of Appeals · 1983
  4. MTR OF CAMPERLENGO v. BlumNew York Court of Appeals · 1982
  5. Grand Jury Subpoena Duces Tecum v. KurianskyNew York Court of Appeals · 1987

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Almonte v. New York Medical CollegeDistrict Court, D. Connecticut · 1994
  2. People v. FigueroaAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. Gearhart, New York County Courts1990

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