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PEOPLE v. CHAVIS

181 Misc.2d 540 (1999)

696 N.Y.S.2d 365

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. SHAWN CHAVIS, Defendant.

Supreme Court, Bronx County.

July 6, 1999.

Attorney(s) appearing for the Case

Pariser & Vogelman, P. C., New York City (Donald H. Vogelman of counsel), for defendant.

Robert T. Johnson, District Attorney of Bronx County (Catherine Davis of counsel), for plaintiff.

OPINION OF THE COURT

ROBERT G. SEEWALD, J.

The defendant's mere filing of a CPL 250.10 (2) notice does not constitute a waiver of the defendant's physician-patient privilege (see, CPLR 4504), the trial court held in People v Gorman (123 Misc.2d 370 [1984]). As a result the People and their psychiatric expert were precluded from obtaining and reviewing the defendant's relevant medical records in preparation...

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