The clergy-penitent privilege—also known as the clergy privilege, confessional privilege, priest-penitent privilege, clergyman-communicant privilege, or ecclesiastical privilege—is a rule of privilege in the law of evidence that allows a person who has confided in a member of the clergy (minister, priest, rabbi, or other leader of an established church or religious organization) to refuse to disclose, and to prevent the clergy member from disclosing a confidential communication.

In New York, the clergy-penitent privilege is recognized and codified in the state's Civil Practice Law and Rules (CPLR) under Section 4505. This statute provides that a clergy member, or a minister of any religion, cannot be compelled to disclose any confessions or secrets entrusted to them in their professional capacity as spiritual advisors. The privilege is designed to protect the confidentiality of communications between individuals and their clergy members, ensuring that individuals can seek spiritual guidance without fear that their confessions may be later revealed in court. The privilege can be claimed by the person who made the confession (the communicant) and, in some cases, by the clergy member as well. However, there are exceptions to this privilege, such as when the communication contains information about a future crime or fraud, or in certain cases involving child abuse or neglect. It is important to note that the privilege applies only when the clergy member is acting in their professional capacity and the communication is intended to be confidential.