ยง 60.76 Rules of evidence; rape crisis counselor evidence in certain
cases.
Where disclosure of a communication which would have been privileged
pursuant to section forty-five hundred ten of the civil practice law and
rules is sought on the grounds that the privilege has been waived or
that disclosure is required pursuant to the constitution of this state
or the United States, the party seeking disclosure must file a written
motion supported by an affidavit containing specific factual allegations
providing grounds that disclosure is required. Upon the filing of such
motion and affidavit, the court shall conduct an in camera review of the
communication outside the presence of the jury and of counsel for all
parties in order to determine whether disclosure of any portion of the
communication is required.