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MATTER OF GRAND JURY INVESTIGATION

98 N.Y.2d 525 (2002)

779 N.E.2d 173

749 N.Y.S.2d 462

In the Matter of GRAND JURY INVESTIGATION IN NEW YORK COUNTY. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent, v. ROBERT M. MORGENTHAU, as District Attorney of New York County, Appellant.

Court of Appeals of the State of New York.

Decided October 15, 2002.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (David M. Cohn, Mark Dwyer and David J. Mudd of counsel), for appellant.

McAloon & Friedman, P.C., New York City (Timothy J. O'Shaughnessy of counsel), and Michael A. Cardozo, Corporation Counsel, for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.

OPINION OF THE COURT

ROSENBLATT, J.

Hospitals may assert a physician-patient privilege under CPLR 4504 (a) to maintain the confidentiality of patient medical records. The case before us involves the extent to which grand juries may, compatibly with CPLR 4504 (a), acquire medical records for the purpose of identifying criminal assailants.

On May 25, 1998, an unidentified assailant stabbed a man to...

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