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MATTER OF CONDON v. NIAGARA COUNTY DIST. ATTORNEY'S OFFICE

115 A.D.2d 270 (1985)

In the Matter of John W. Condon, Jr., Appellant, v. Niagara County District Attorney's Office, Respondent

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

November 15, 1985

Orders unanimously affirmed, without costs.

Memorandum:

In order to be privileged, a communication from a client to an attorney must be shown to have been made under circumstances evincing an intention that it be confidential (People v Harris, 57 N.Y.2d 335, 343). Here the presence of a third party during the consultation between petitioner, an attorney, and his client negated the requisite confidentiality and rendered...

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