PEOPLE v. MARTINEZ (2005)

Judgment, Supreme Court, New York County (John A.K. Bradley, J.), rendered March 26, 2001, convicting defendant, after a jury trial, of attempted burglary in the first degree and possession of burglar's tools, and sentencing him, as a second felony offender, to concurrent terms of 8 years and 1 year, respectively, unanimously affirmed.

The verdict was supported by legally sufficient evidence (see e.g. People v. Williams, 84 N.Y.2d 925, 620 N.Y.S.2d 811, 644 N.E.2d 1367 [1994] ).   Defendant was not convicted on the basis of his mere presence at the scene, but upon an extensive chain of circumstantial evidence that established his guilt beyond a reasonable doubt.

Testimony from a doctor who treated defendant did not violate the physician-patient privilege.   Once defendant waived that privilege for a particular purpose, the privilege was destroyed for all purposes, regardless of whether defendant had intended to limit his waiver (People v. Bloom, 193 N.Y. 1, 7-8, 85 N.E. 824 [1908];  Matter of Farrow v. Allen, 194 A.D.2d 40, 43-44, 608 N.Y.S.2d 1 [1993] ).

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice.   Were we to review these claims, we would reject them.