People v. Hunts

OPINION OF THE COURT

Colleen McMahon, J.1

In this rare prosecution under New York’s enterprise corruption, or "Little RICO” statute a key cooperating witness has asserted attorney-client privilege to avoid answering questions that are highly relevant to establishing his motive to falsify his testimony. For the reasons stated below, I hold that the defendants’ Sixth Amendment right of confrontation would be impaired if the witness were permitted to invoke the privilege, and I order him to answer questions about his awareness of the penalties he faced if he did not sign a cooperation agreement…