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People v. Bird

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 2001
284 A.D.2d 339 (N.Y. App. Div. 2001)

Opinion

Argued May 17, 2001

June 4, 2001

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered April 12, 1999, convicting him of sexual abuse in the first degree (two counts), upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Warren S. Landau of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.


ORDERED that the judgment is affirmed.

Psychiatric records "are to be disclosed only when their confidentiality is significantly outweighed by the interests of justice" (People v. Brooks, 199 A.D.2d 275). Having examined the psychiatric hospitalization records of the complaining witness, we find that the trial court providently exercised its discretion in denying the defendant's application for disclosure of such records, after an in camera review (see, People v. Toledo, 270 A.D.2d 805).

O'BRIEN, J.P., FLORIO, FEUERSTEIN and SMITH, JJ., concur.


Summaries of

People v. Bird

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 2001
284 A.D.2d 339 (N.Y. App. Div. 2001)
Case details for

People v. Bird

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. RAYMOND BIRD, APPELLANT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 4, 2001

Citations

284 A.D.2d 339 (N.Y. App. Div. 2001)
725 N.Y.S.2d 573

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