New York Court of Appeals

The People of the State of New York, Respondent v. Elias Carmona, Appellant

December 20, 199382 N.Y.2d 603

Summary

The Court affirmed the murder conviction, holding that the defendant's communications with two ministers were privileged under CPLR 4505, that no waiver of that privilege occurred despite the defendant's later disclosures to police, and that any error in admitting the ministers' testimony was harmless given the overwhelming circumstantial evidence. Justice Smith concurred, arguing that the privilege was never properly invoked and was waived by the defendant's voluntary disclosures.