Abstract
Publisher Summary This chapter presents several case studies related to privileges. These cases include the case of St. Clair versus Commonwealth, State versus Bergmann, and New York City Health versus Morgenthau. In the first case, the appellant, Michael D. St. Clair, waived his right to jury sentencing on the non-capital charges, and agreed to a sentence of twenty years for attempted murder, twenty years for second-degree arson, and five years on each count of receiving stolen property over $ 100, for a total of fifty years. In the second case, Bergmann was convicted of prescribed drug overdose. He appeals, arguing the district court erred by: (1) finding that his medical records were admissible and issuing a subpoena; and (2) overruling his motion to quash. The third case discusses the extent to which grand juries may, compatibly with CPLR 4504 (a), acquire medical records for the purpose of identifying criminal assailants.
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