PEOPLE v. ELYSEE


49 A.D.3d 33 (2007)

847 N.Y.S.2d 654

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRITZ ELYSEE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 18, 2007.


Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York City (Katherine R. Schaefer and Warren S. Landau of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove and Diane R. Eisner of counsel), for respondent.

SCHMIDT, J.P., SANTUCCI and LIFSON, JJ., concur.


OPINION OF THE COURT

SKELOS, J.

Today we hold that a physical blood specimen taken from a patient by a medical professional is not "information" protected by the physician-patient privilege as defined in CPLR 4504 (a) and, accordingly, such a blood sample is subject to seizure pursuant to a warrant issued under the authority of CPL 690.10.

On December 25, 2003, at approximately 4:20 A.M., Seon Andrews was killed, and several other people were injured...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases