PEOPLE v. VAZQUEZ

3526, 6190/02.

148 A.D.3d 601 (2017)

2017 NY Slip Op 02372

50 N.Y.S.3d 347

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORGADO VAZQUEZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 28, 2017.


The People obtained records of defendant's prison sex offender treatment by serving a subpoena on the Department of Corrections and Community Supervision that was neither court-ordered nor on notice to defendant. However, we find that, to the extent there was any violation of the Health Insurance Portability and Accountability Act of 1996 (Pub L 104-191, 110 US Stat 1936) and its accompanying privacy rules (45 CFR parts 160, 164), there is no basis for a remand for further...

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