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PEOPLE v. BELGE

41 N.Y.2d 60 (1976)

The People of the State of New York, Appellant, v. Francis R. Belge, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1976.

Attorney(s) appearing for the Case

Jon K. Holcombe, District Attorney (John A. Cirando and David E. Peebles of counsel), Syracuse, for appellant.

Francis R. Belge, pro se, and George T. Mahshie, Syracuse, for Francis R. Belge, respondent.

Melvin B. Lewis, Chicago, Illinois, Stuart Kinard, Houston, Texas, and Mary Beeman, Houston, Texas, for The National Association of Criminal Defense Lawyers, amicus curiae.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and COOKE concur in Per Curiam opinion; Judge FUCHSBERG concurs in result in a separate opinion; Judge JASEN dissents and votes to reverse in another opinion.

Per Curiam.

County Court dismissed the indictment in this case on two grounds, the existence of the client-attorney privilege of confidentiality, a ground constituting a legal basis under CPL 210.20 (subd 1, par [h]), and, alternatively, in the interest of justice pursuant to CPL 210.20 (subd 1, par [i]) and 210.40. The Appellate Division affirmed the order of dismissal. The present appeal, pursuant to leave granted...

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