Legal Opinion
People v. Muscarnera
New York District Court
Decided May 10, 2007PublishedCited by 1 opinion
1Opinion of the Court
*623OPINION OF THE COURT
Francis D. Ricigliano, J.
Can a vial of blood taken from a defendant, in the course of treatment and diagnosis following an automobile accident, be later obtained and tested by the People and the results used in prosecuting that defendant for driving while intoxicated and other charges? For the reasons set forth below, both the blood and the blood test results are protected by the physician-patient privilege and are precluded from use at the trial in this case.
The defendant is charged with violating Vehicle and Traffic Law § 1192 (3) (driving while intoxicated), Vehicle and…
2Cases cited24 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Franks v. DelawareSupreme Court of the United States · 1978
- People v. SandovalNew York Court of Appeals · 1974
- People v. BigelowNew York Court of Appeals · 1985
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3Cited by1 opinion
- People v. ElyseeAppellate Division of the Supreme Court of the State of New York · 2007