People v. Elysee, 11 N.Y.3d 100 (2008)
In cases involving driving while intoxicated (DWI) resulting in death or serious injury, a court order issued under Vehicle and Traffic Law § 1194(3) compelling a blood test overcomes the physician-patient privilege that might otherwise protect previously drawn blood samples taken for medical purposes.
Summary
Elysee was involved in a fatal car accident and taken to the hospital, where blood samples were drawn for treatment (5:30 a.m. samples). Later, pursuant to a court order, a second set of samples was drawn for a blood alcohol test (2:50 p.m. samples). A search warrant was then issued to seize the 5:30 a.m. samples from the hospital. Elysee argued that seizing the 5:30 a.m. samples violated the physician-patient privilege. The New York Court of Appeals held that even if the samples were privileged, the privilege was overcome by the court order issued under Vehicle and Traffic Law § 1194(3), which authorizes chemical tests in DWI cases involving death or serious injury.
Facts
On December 25, 2003, Elysee was involved in a four-vehicle car accident resulting in a fatality and injuries. At 5:30 a.m., he was taken to the hospital, where blood samples were drawn for treatment purposes. At 1:50 p.m., a court order compelled him to submit to a blood alcohol test, resulting in a second blood draw at 2:50 p.m. A search warrant was issued and executed on December 29, 2003, to seize the 5:30 a.m. samples from the hospital.
Procedural History
Elysee moved to controvert the search warrant and suppress the results of the blood alcohol test performed on the 5:30 a.m. samples, arguing a violation of the physician-patient privilege. The trial court denied the motion. At trial, both sets of blood samples were tested. The jury convicted Elysee of manslaughter, assault, and driving while intoxicated. The Appellate Division affirmed, and the Court of Appeals affirmed that decision.
Issue(s)
1. Whether the seizure of blood samples drawn for medical purposes, pursuant to a search warrant issued after a court order compelling a blood alcohol test under Vehicle and Traffic Law § 1194(3), violates the physician-patient privilege defined by CPLR 4504.
2. Whether the trial court erred in refusing to charge criminally negligent homicide as a lesser included offense of second-degree manslaughter.
Holding
1. No, because even if the blood samples were privileged, the privilege was overcome by the court order issued pursuant to Vehicle and Traffic Law § 1194(3).
2. No, because given the overwhelming evidence of Elysee’s intoxication, there was no reasonable view of the evidence that would support a finding of criminally negligent homicide.
Court’s Reasoning
The Court reasoned that Vehicle and Traffic Law § 1194(2)(a) establishes implied consent to chemical tests for drivers in the state. Further, § 1194(3) allows for court-ordered chemical tests when a person is involved in an accident causing death or serious injury, operates the vehicle while intoxicated, is lawfully arrested, and refuses or is unable to consent to a chemical test. The Court stated, “Here, it is illogical to conclude that a blood sample taken at 5:30 a.m. cannot be seized pursuant to a properly issued court order, merely because the order issued after the blood was actually drawn by an authorized person.” The seizure of the earlier blood sample was in accord with the statute, as the Vehicle and Traffic Law authorized a chemical test under the circumstances. Regarding the lesser-included offense, the court held that a person who fails to perceive a substantial and unjustifiable risk by reason of his intoxication acts recklessly, not with criminal negligence. The court cited People v. Donohue, 123 AD2d 77, 81 (3d Dept 1987) and People v. Van Dusen, 89 AD2d 649 (3d Dept 1982).