Legal Opinion

People v. Elysee

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 2007PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Skelos, J.

Today we hold that a physical blood specimen taken from a patient by a medical professional is not “information” protected by the physician-patient privilege as defined in CPLR 4504 (a) and, accordingly, such a blood sample is subject to seizure pursuant to a warrant issued under the authority of CPL 690.10.

On December 25, 2003, at approximately 4:20 a.m., Seon Andrews was killed, and several other people were injured, in a four-vehicle accident at the intersection of Nostrand Avenue (hereinafter Nostrand) and Atlantic Avenue (hereinafter Atlantic) in Brooklyn.…

2Cases cited55 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  3. People v. GloverNew York Court of Appeals · 1982
  4. Koump v. SmithNew York Court of Appeals · 1969
  5. Dillenbeck v. HessNew York Court of Appeals · 1989

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3Cited by10 opinions

  1. People v. ElyseeNew York Court of Appeals · 2009
  2. Jackson v. Jamaica Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2009
  3. State v. AtwoodSupreme Court of Minnesota · 2019
  4. People v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 2022
  5. Farkas v. Orange Regional Medical CenterAppellate Division of the Supreme Court of the State of New York · 2012

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