People v. Chavis

OPINION OF THE COURT

Robert G. Seewald, J.

The defendant’s mere filing of a CPL 250.10 (2) notice does not constitute a waiver of the defendant’s physician-patient privilege (see, CPLR 4504), the trial court held in People v Gorman (123 Misc 2d 370 [1984]). As a result the People and their psychiatric expert were precluded from obtaining and reviewing the defendant’s relevant medical records in preparation for examination of the defendant.

The issue here is whether Gorman (supra) is still viable, as asserted by the defendant, in view of the opinion rendered by the Court of Appeals 12 years later…