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Law School Case Brief

People v. Belge - 83 Misc. 2d 186, 372 N.Y.S.2d 798 (Cnty. Ct. 1975)

Rule:

Confidential communications between an attorney and his client are privileged from disclosure as a rule of necessity in the administration of justice.

Facts:

Plaintiff state filed an indictment with the court against defendant attorney accusing him of having violated N.Y. Pub. Health Law, §§ 4200, 4143 for not disclosing that he discovered a missing body of a person that defendant's client had said that he had murdered. Defendant filed a motion for a dismissal of the indictment on grounds that a confidential, privileged communication existed between him and his client that excused defendant from making full disclosure to the authorities.

Issue:

Does attorney-client confidentiality excuse an attorney from making full disclosure to authorities?

Answer:

Yes.

Conclusion:

The court dismissed the indictment against defendant attorney on grounds of a privileged communication between defendant and his client and in the interests of justice.

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