PEOPLE v. KINDER


126 A.D.2d 60 (1987)

The People of the State of New York, Respondent, v. Richard Kinder, Appellant

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

February 27, 1987


Attorney(s) appearing for the Case

Robert King for appellant.

Howard R. Relin, District Attorney (Robert Mastrocola of counsel), for respondent.

DOERR, J. P., DENMAN, BALIO and LAWTON, JJ., concur.


BOOMER, J.

The principal question posed by this appeal is whether, in a posttrial competency hearing, the attorney-client privilege precludes the court from compelling trial counsel to testify concerning his client's ability to communicate with counsel and cooperate in his defense. We determine that it does not, and based in part upon the testimony of defendant's trial counsel, we adopt the hearing court's finding...

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