The People of the State of New York v. L. Dennis Kozlowski, Appellant the People of the State of New York v. Mark H…

Summary

The New York Court of Appeals affirmed the Appellate Division's judgment, holding that the attorney's testimony and the prosecutor's summation did not convey an impermissible opinion on guilt, that the trial court did not abuse its discretion in quashing the subpoena duces tecum because the materials were protected by qualified privilege and no waiver was shown, and that any Apprendi violation concerning the fines was harmless error. The court emphasized that factual testimony is admissible and that the privilege over trial‑preparation materials remains unless the requesting party shows substantial need and undue hardship.