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People v. Sergio

New York Supreme Court, Kings County
864 N.Y.S.2d 264 (2008)


Facts

In response to a call, Diana Kasler, an emergency medical technician (EMT), traveled to the home of Laura Sergio (defendant). After observing Sergio in the bathroom where traces of blood were scattered about, Kasler asked Sergio if she was or had been pregnant. Sergio said, “no.” Sergio was transported to a nearby hospital. After making several statements to treating physicians in the presence of her mother, the police were alerted that Sergio had apparently just given birth but was not with the baby. After questioning Sergio’s sister, the police found a newborn baby girl in a garbage bag outside the Sergios’ home. The baby died. Sergio was charged with murder and other crimes. During the trial, the defense filed a motion arguing that any statements made to the physicians at the hospital and to Kasler, the EMT, were protected by the physician-patient privilege. The court heard the motion.

Rule of Law

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Issue

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Holding and Reasoning (Goldberg, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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