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THE PEOPLE, ETC., RESPONDENT, v. RAYMOND BIRD, APPELLANT.

ORDERED that the judgment is affirmed.

Psychiatric records "are to be disclosed only when their confidentiality is significantly outweighed by the interests of justice" (People v. Brooks, 199 A.D.2d 275). Having examined the psychiatric hospitalization records of the complaining witness, we find that the trial court providently exercised its discretion in denying the defendant's application for disclosure of such records, after an in camera review (see, People v. Toledo, 270 A.D.2d 805).

O'BRIEN, J.P., FLORIO, FEUERSTEIN and SMITH, JJ., concur.

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PEOPLE v. BIRD
(Jun 4, 2001)