New York Court of Appeals

The People of the State of New York, Appellant-Respondent v. Emil Decina

November 29, 19562 N.Y.2d 133

Summary

The New York Court of Appeals affirmed the conviction of Emil Decina, holding that the indictment under section 1053‑a sufficiently charged criminal negligence and that the physician‑patient privilege under section 352 did not bar admission of the doctor's testimony. The Court rejected the argument that the presence of a police guard destroyed the privilege and upheld the Appellate Division's decision.