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PEOPLE v. COMBEST

4 N.Y.3d 341 (2005)

828 N.E.2d 583

795 N.Y.S.2d 481

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES COMBEST, Appellant.

Court of Appeals of the State of New York.

Decided February 22, 2005.

Attorney(s) appearing for the Case

Appellate Advocates, New York City (Jonathan M. Kratter and Lynn W.L. Fahey of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Shulamit Rosenblum, Leonard Joblove and Jane S. Meyers of counsel), for respondent.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur with Chief Judge KAYE; Judge R.S. SMITH dissents in part and votes to reverse and remit to Supreme Court for further proceedings in a separate opinion.

OPINION OF THE COURT

Chief Judge KAYE.

This appeal tests the scope of the journalist's privilege in non-confidential information in the context of criminal proceedings.

On April 16, 2000, gunfire between two groups of young men erupted across a Brooklyn intersection. When the shots concluded, a bystander, caught in the crossfire, lay dying on the sidewalk. Two days later, detectives from the Brooklyn...

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