Appeal from a judgment of the Ontario County Court (Frederick G. Reed, J.), rendered January 4, 2006. The judgment convicted defendant, upon a jury verdict, of criminal possession of a forged instrument in the second degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him following a jury trial of criminal possession of a forged instrument in the second degree (Penal Law § 170.25). Contrary to the contention of defendant, County Court properly allowed his physician to testify with respect to the statement of defendant that his prescription had been altered. “The physician-patient privilege generally does not extend to information obtained outside the realms of medical diagnosis and treatment” (Matter of Grand Jury Investigation in N.Y. County, 98 NY2d 525, 530 [2002]). The court also properly allowed a nurse to testify with respect to defendant’s efforts to obtain a prescription through her. That testimony was not privileged inasmuch as it concerned “facts which are plain to the observation of anyone without expert or professional knowledge” (People v Hedges, 98 AD2d 950 [1983] [internal quotation marks
