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IN THE MATTER OF CONFIDENTIAL INVESTIGATION INTO R#03-103

9 A.D.3d 491 (2004)

781 N.Y.S.2d 359

In the Matter of CONFIDENTIAL INVESTIGATION INTO R#03-103 (KINGS COUNTY GRAND JURY No. 3618/2003). M., Appellant; CHARLES J. HYNES, Respondent.

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

July 30, 2004.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the Supreme Court properly denied his application to quash the grand jury subpoena. The burden of proving every element of the attorney-client privilege rests upon the party asserting it (see People v Mitchell, 58 N.Y.2d 368, 373 [1983]). The appellant, as an attorney, can claim the privilege to which his client is...

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