Section 60.76. §s of evidence; rape crisis counselor evidence in certain cases


Latest version.
  • Where disclosure of a communication which would have  been  privileged
      pursuant to section forty-five hundred ten of the civil practice law and
      rules  is  sought  on  the grounds that the privilege has been waived or
      that disclosure is required pursuant to the constitution of  this  state
      or  the  United States, the party seeking disclosure must file a written
      motion supported by an affidavit containing specific factual allegations
      providing grounds that disclosure is required. Upon the filing  of  such
      motion and affidavit, the court shall conduct an in camera review of the
      communication  outside  the  presence of the jury and of counsel for all
      parties in order to determine whether disclosure of any portion  of  the
      communication is required.