People v. Hairston
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Walter M. Schackman, J.
The novel issue presented before this court is the following:
Does the District Attorney’s office have the right to discovery of a written statement made by the defendant at the request of his attorney, when the statement is used by the defendant’s psychiatrist in his determination as to the defendant’s claim of innocence by reason of insanity? (Penal Law, § 30.05.)
This court must decide whether the defendant’s statement is protected as a privileged communication (attorney-client and/or doctor-patient), or whether there has been a waiver of any…
2Cases cited18 opinions
- Watts v. IndianaSupreme Court of the United States · 1949
- Lee v. County Ct. of Erie CountyNew York Court of Appeals · 1971
- People v. DiPiazzaNew York Court of Appeals · 1969
- In Re the Will of PutnamNew York Court of Appeals · 1931
- Prink v. Rockefeller Center, Inc.New York Court of Appeals · 1979
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3Cited by4 opinions
- In re PFOHL Bros. Landfill LitigationDistrict Court, W.D. New York · 1997
- People v. PennachioNew York Supreme Court · 1995
- In Re: Queen's University at KingstonCourt of Appeals for the Federal Circuit · 2016
- In Re: Queen's University at KingstonCourt of Appeals for the Federal Circuit · 2016