PEOPLE v. FITZGERALD


101 Misc.2d 712 (1979)

The People of the State of New York, Plaintiff, v. Michael Fitzgerald, Defendant.

County Court, Westchester County.

November 14, 1979.


Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney, for plaintiff. Keegan, Keegan & Tully for defendant. Boeggeman, George, Jannace & Katz, P. C., for James Fitzgerald.


GERARD E. DELANEY, J.

The issue of first impression before this court is whether there exists a "parent-child" privilege which would prevent forced disclosure by the State of confidential communications between a parent and a child of any age when the parties to such communication mutually assert such a privilege.

In the opinion of this court, such a privilege can and does exist, grounded in law, logic...

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