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MATTER OF LIEB v. HENRY

99 A.D.2d 757 (1984)

In the Matter of David K. Lieb, Appellant, v. Patrick Henry, as Suffolk County District Attorney, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 6, 1984

Determination of the validity of petitioner's assertion of his client's privilege against self incrimination depends upon the existence and nature of the documents allegedly in petitioner's possession, which existence he will neither admit nor deny for fear of losing the privilege by waiver. As was agreed at oral argument of this appeal, the problem may be resolved without detriment to the rights of the parties involved by an

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