The following papers were read on this motion: Juvenile Offender’s Notice of Motion and Supporting Papers 1 The People’s Affirmation in Opposition 2 Juvenile Offender’s Reply Affirmation 3 DECISION AND ORDER The defendant in this matter is charged as a Juvenile Offender (“JO”) in the Youth Part of the County Court in Nassau County. On April 15, 2019, he was indicted by a Nassau County Grand Jury and charged with one count of Attempted Murder in the Second Degree [Penal Law §§110/125.25(1)]; one count of Attempted Assault in the First Degree [Penal Law §§110/120.10(1)]; one count of Attempted Assault in the Second Degree [Penal Law §§110/120.05(2)]; two counts of Criminal Possession of a Weapon in the Second Degree [Penal Law §§265.03(1)(b) and 265.03(3)]; one count of Criminal Use of a Firearm in the First Degree [Penal Law §265.09(1)(a)]; one count of Criminal Use of a Firearm in the Second Degree [Penal Law §265.08(1)]; one count of Criminal Possession of a Firearm [Penal Law §265.01-b(1)]; and one count of Reckless Endangerment in the First Degree [Penal Law §120.25]. The charges against the JO arise from his alleged involvement in a shootout which took place on March 13, 2019 in H. Nassau County, when the AO was fifteen years old. On or about July 23, 2019, the People served a So-Ordered Subpoena on S. Hospital for production of the JO’s medical records, including x-rays, photographs and any scans pertaining to the treatment or diagnosis of the JO for the time period March 13, 2019 to March 14, 2019. The People have asserted that, based upon representations made by hospital staff to law enforcement, the subpoenaed medical records relate to treatment the JO received for an injury he sustained in connection with a shooting. S. Hospital produced the records in response to the subpoena and the records are now in this Court’s possession. The JO moved by Notice of Motion dated August 3, 2019, for an Order quashing the People’s subpoena. On August 28, 2019, the People filed opposition to the JO’s motion, and on September 4, 2019, the JO filed a reply affirmation. The JO’s Motion to Quash is determined as follows: The JO, through counsel, objects to the People obtaining a copy of his medical records, arguing that they contain confidential information that is protected from disclosure under Federal privacy laws [Health Insurance Portability and Accountability Act of 1996 ("HIPAA")] and New York State’s statutory physician-patient privilege [CPLR §4504]. (Dana Grossblatt, Esq. Affirmation, dated August 3, 2019 ["Grossblatt Aff."],
7-8 and Dana Grossblatt Reply Affirmation, dated September 3, 2019 ["Grossblatt Reply Aff."], 7). The People oppose the JO’s Motion to Quash and argue that, based on representations made by hospital staff to law enforcement, the JO sought medical treatment on March 13, 2019 for an injury sustained in the course of a shootout between the JO and another individual. (Gregory Murphy, Esq. Affirmation in Opposition, dated August 28, 2019 ["Murphy Aff. in Opp."], 8). They further argue that his injury is evidence of criminality and that disclosure of his medical information is authorized under established exceptions to Federal and New York State privacy laws. (Murphy Aff. in Opp.,
