People v. Elysee
Appellate Division of the Supreme Court of the State of New York
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
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
- People v. GloverNew York Court of Appeals · 1982
- Koump v. SmithNew York Court of Appeals · 1969
- Dillenbeck v. HessNew York Court of Appeals · 1989
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3Cited by10 opinions
- People v. ElyseeNew York Court of Appeals · 2009
- Jackson v. Jamaica Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2009
- State v. AtwoodSupreme Court of Minnesota · 2019
- People v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 2022
- Farkas v. Orange Regional Medical CenterAppellate Division of the Supreme Court of the State of New York · 2012
5 more not listed; retrieve them via the Exa API.