Orders unanimously affirmed, without costs. Memorandum: In order to be privileged, a communication from a client to an attorney must be shown to have been made under circumstances evincing an intention that it be confidential (People v Harris, 57 N.Y.2d 335, 343). Here the presence of a third party during the consultation between petitioner, an attorney, and his client negated the requisite confidentiality and rendered the conversation disclosable (see, People v Mitchell, 58 N.Y.2d 368, 375). Nor was the memorandum of that conversation dictated by petitioner shown to be attorney work product. There was no evidence that it contained elements of opinion, analysis, theory, or strategy (see, Kenford Co. v County of Erie, 55 A.D.2d 466, 470; CPL 240.10). By failing to show that the memorandum was the product of his learning and skills, and in refusing to submit the memorandum for in camera inspection, petitioner failed to establish that the memorandum was immune from discovery as attorney work product (see, Graf v Aldrich, 94 A.D.2d 823, 824).