People v. Berrios, 6 N.Y.3d 278 (2006)

Evidence obtained as a result of a violation of the physician-patient privilege need not be suppressed at a criminal trial unless the statute’s primary purpose is to protect a constitutional right.

Summary

The New York Court of Appeals held that evidence obtained following a hospital’s disclosure of a patient’s information to police, even if violating the physician-patient privilege, is admissible in a criminal trial. Anthony Berrios was killed. Detective Elliott learned the shooter was slashed in the face days before. A hospital administrator gave Elliott the defendant’s name and address. This led to an eyewitness identification of the defendant and his subsequent conviction for manslaughter. The Court reasoned that because the physician-patient privilege is statutory, not constitutional, and doesn’t primarily protect against government misconduct, suppression of evidence is not the appropriate remedy for its violation. The focus is on the doctor’s conduct, not the state’s, when the privilege is breached. Therefore, the evidence was admissible.

Facts

Anthony Berrios was fatally shot on October 16, 2001. Detective Michael Elliott investigated and learned the shooting stemmed from a fight on October 13 where a man was slashed in the face. Elliott inquired at a hospital about individuals treated for facial slash wounds on that date. The hospital administrator provided defendant Berrios’s name and address. Using this information, Elliott obtained Berrios’s arrest record and photo. A witness identified Berrios’s photo as the shooter, leading to further evidence and his conviction.

Procedural History

The Supreme Court denied Berrios’s motion to suppress the evidence, holding that a violation of the physician-patient privilege does not require suppression. The Appellate Division affirmed, reasoning both that there was no breach of privilege and that, even if there was, suppression was not required. The New York Court of Appeals granted leave to appeal and affirmed based on the second ground: suppression was not required even if a privilege was breached.

Issue(s)

1. Whether the hospital’s disclosure of Berrios’s name and address to Detective Elliott violated the physician-patient privilege under CPLR 4504(a)?
2. Whether evidence obtained as a result of a violation of the physician-patient privilege must be suppressed in a criminal trial?

Holding

1. The Court did not decide whether the privilege was violated.
2. No, because the physician-patient privilege is statutory, not constitutional, and its violation does not automatically warrant suppression of evidence.

Court’s Reasoning

The Court of Appeals affirmed, focusing on the suppression issue. It acknowledged that CPLR 4504(a) protects patient information disclosed to medical professionals. However, the Court emphasized that statutory violations do not automatically mandate evidence suppression, citing People v. Patterson. An exception exists when a statute’s primary purpose is to safeguard constitutional rights, as seen in People v. Taylor and People v. Gallina, which involved statutes protecting Fourth Amendment rights. The Court distinguished the present case, stating, “There is no constitutional right to privacy in physician-patient communications.” The Court noted the legislature has created exceptions to the privilege, such as mandatory reporting of gunshot wounds. The Court found the privilege primarily regulates a private relationship, not governmental conduct. It stated, “To suppress evidence resulting from a violation of section 4504 would be to punish the State for a doctor’s or hospital’s misconduct—a punishment unlikely to deter doctors and hospitals, who have little interest in whether criminal prosecutions succeed or not.” Therefore, suppression was not warranted.