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.