The People of the State of New York, Respondent, v. Mauricio Osorio, Appellant, 75 N.Y.2d 80

Summary

Defendant was arrested in a car where a gun was found. He claimed that he did not know of the gun and that it belonged to a co-defendant. To support that claim, defendant sought to testify to admissions the co-defendant made to his counsel when defendant translated a conversation between them. That testimony was excluded, defendant was convicted, and the appellate court affirmed. On appeal, the court reversed because defendant's service as an interpreter did not render him an agent of his co-defendant or the attorney, and the attorney-client privilege therefore did not apply. The other defendant could not reasonably expect to enjoy a confidential privilege when communicating with counsel in the presence of another co-defendant, where the exchange was not for the purpose of a common defense. Defendant's weapons possession conviction was reversed because the attorney-client privilege did not apply to a conversation between co-defendant and his attorney where defendant acted as a ...