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PEOPLE v. GREENE

9 N.Y.3d 277 (2007)

879 N.E.2d 1280

849 N.Y.S.2d 461

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TEMEL GREENE, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 2007.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Rosemary Herbert, Richard M. Greenberg and Jonathan Marvinny of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Peter D. Coddington and Jessica Carmela Darpino of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that evidence obtained as a result of a violation of the physician-patient privilege need not be suppressed at a criminal trial.

Facts and Procedural History

Anthony Berrios was shot to death on October 16, 2001. Detective Michael Elliott was assigned to investigate the homicide. Elliott learned from the victim's aunt that, according to talk on the street...

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