In re Cross

The primary question the court has under consideration is whether the evidence establishing the commission of an act which, if committed by an adult, would be the unlawful possession of narcotics, was privileged and accordingly inadmissible, necessitating the dismissal of the petition herein.

The respondent argues that the disclosure to the police of narcotics found on the person of the respondent while being examined in the emergency room of Saint Luke’s Hospital on the night of June 15, 1972 was a violation of the physician-patient privilege (CPLR 4504, subd. [a]). That section reads as…