PEOPLE v. CLAYTON B.


110 Misc.2d 567 (1981)

The People of the State of New York, Plaintiff, v. Clayton B. and Patrick B., Defendants.

Criminal Court of the City of New York, New York County.

August 4, 1981


Attorney(s) appearing for the Case

Paul Scotto and Daniel Alterman for defendants. Robert M. Morgenthau, District Attorney (Michelle Stone of counsel), for plaintiff.


STANLEY GARTENSTEIN, J.

The issue before this court, apparently one of first impression, may be characterized in the following terms:

At precisely what juncture does the State's interest in maintaining the confidentiality of a probationer's records yield to the constitutionally based right of an accused to confront and cross-examine that probationer who is called as an adverse witness?

In the instant action, defendants were charged with...

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