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PEOPLE v. DURAN

276 A.D.2d 498 (2000)

713 N.Y.S.2d 561

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN DURAN, Appellant.

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

Decided October 2, 2000.

Ordered that the judgment is affirmed.

The trial court providently exercised its discretion in declining to order and review the psychiatric records of the complainant. Psychiatric records "are to be disclosed only when their confidentiality is significantly outweighed by the interests of justice" (People v Brooks, 199 A.D.2d 275). Prior to ordering and inspecting such records there should be "a showing of a reasonable likelihood...

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