People v. Wilkins

OPINION OF THE COURT

Meyer, J.

A defendant who testifies in support of his justification defense that stab wounds on his body were inflicted by the decedent for whose murder he is being tried does not thereby waive the psychologist-client privilege established by CPLR 4507. It was, therefore, error, requiring reversal and a new trial, to permit the hospital psychologist, who interviewed defendant in order to determine whether he was suicidal, to testify, over defendant’s objection and claim of privilege, that defendant had stated to him that his stab wounds were self-inflicted.

I

Indicted for…