PEOPLE v. CAPRA


17 N.Y.2d 670 (1966)

The People of the State of New York, Respondent, v. Michael Capra, Appellant.

Court of Appeals of the State of New York.

Decided March 31, 1966.


Attorney(s) appearing for the Case

Albert E. Silbowitz for appellant.

Nat H. Hentel, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI, BERGAN and KEATING. Judge VAN VOORHIS dissents in the following opinion.


Judgment affirmed. The accidental finding of heroin in defendant's clothing did not constitute an illegal search or a disclosure of information acquired in a professional capacity by a physician from a patient. We pass on no other question.

VAN VOORHIS, J. (dissenting).

The rule excluding privileged communications between physician and patient, embodied in CPLR 4504 (subd. [a]) (formerly Civ. Prac. Act...

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