Legal Research Home > New York Lawyer > Criminal Procedure > New York Criminal Procedure Law Section 60.76 - Rules Of Evidence; Rape Crisis Counselor Evidence In Certain Cases



 
    § 60.76  Rules  of  evidence; rape crisis counselor evidence in certain
            cases.
    Where disclosure of a communication which would have  been  privileged
  pursuant to section forty-five hundred ten of the civil practice law and
  rules  is  sought  on  the grounds that the privilege has been waived or
  that disclosure is required pursuant to the constitution of  this  state
  or  the  United States, the party seeking disclosure must file a written
  motion supported by an affidavit containing specific factual allegations
  providing grounds that disclosure is required. Upon the filing  of  such
  motion and affidavit, the court shall conduct an in camera review of the
  communication  outside  the  presence of the jury and of counsel for all
  parties in order to determine whether disclosure of any portion  of  the
  communication is required.

Last modified: July 30, 2006