Legal Opinion

People v. Greene

New York Court of Appeals

Decided November 20, 2007PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

We hold that evidence obtained as a result of a violation of the physician-patient privilege need not be suppressed at a criminal trial.

Facts and Procedural History

Anthony Berrios was shot to death on October 16, 2001. Detective Michael Elliott was assigned to investigate the homicide. Elliott learned from the victim’s aunt that, according to talk on the street, the shooting was the result of a fight on October 13 in which a man had been slashed in the face.

Elliott went to a nearby hospital and asked an administrator “if anyone came in for a slashing to the face…

2Cases cited5 opinions

  1. People v. PattersonNew York Court of Appeals · 1991
  2. People v. TaylorNew York Court of Appeals · 1989
  3. Klein v. Prudential Insurance of AmericaNew York Court of Appeals · 1917
  4. New York City Health & Hospitals Corp. v. MorgenthauNew York Court of Appeals · 2002
  5. People v. GallinaNew York Court of Appeals · 1985

3Cited by25 opinions

  1. The People v. Marcellus JohnsonNew York Court of Appeals · 2016
  2. People v. CapersAppellate Division of the Supreme Court of the State of New York · 2015
  3. In re Miguel M.New York Court of Appeals · 2011
  4. People v. BryantAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. ElyseeAppellate Division of the Supreme Court of the State of New York · 2007

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