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MTR. OF D'ALESSIO v. GILBERG

205 A.D.2d 8 (1994)

In the Matter of Grace D'Alessio, as Administratrix of The Estate of Vincent Fiorito, Deceased, Respondent, v. Michael Gilberg, Appellant

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

October 11, 1994

Attorney(s) appearing for the Case

Gilberg & Gilberg, Mount Vernon (Michael Gilberg on the brief), for appellant.

Howard Rudnick, Hempstead, for respondent.

Gerald B. Lefcourt, P. C., New York City (Joshua L. Dratel of counsel), for National Association of Criminal Defense Lawyers and another, amici curiae.

RITTER, HART and KRAUSMAN, JJ., concur.

LAWRENCE, J. P.

The issue to be decided in this case is whether an attorney can be compelled to reveal the name of an individual who consulted him regarding that individual's possible past commission of a crime. We conclude that under the circumstances of this case, where the crime, if any, has already been committed, there is no possibility of further criminal acts occurring if the individual is not identified...

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