Franklin v. Keller

Appellate Division of the Supreme Court of New York

Franklin v. Keller

254 A.D.2d 83, 678 N.Y.S.2d 330, 1998 N.Y. App. Div. LEXIS 10138

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 8, 1998

StatusPublished

Cited by3 cases

This text of 254 A.D.2d 83 (Franklin v. Keller) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Franklin v. Keller, 254 A.D.2d 83, 678 N.Y.S.2d 330, 1998 N.Y. App. Div. LEXIS 10138 (N.Y. Ct. App. 1998).

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Opinion

Judgment, Supreme Court, New York County (Walter Schackman, J.), entered August 8, 1996, which denied petitioner’s application to compel respondent Assistant District Attorney to disclose certain documents under the Freedom of Information Law, unanimously affirmed, without costs.

Assuming arguendo that petitioner is entitled to documents containing statements given to the police by the complaining witness against him in his criminal trial, he is not, absent a showing that such documents are no longer available to him, entitled to material that was previously provided to his attorney(s) (compare, Matter of Huston v Turkel, 236 AD2d 283, lv denied 90 NY2d 809, with Matter of Swinton v Record Access Officers for City of N. Y. Police Dept., 198 AD2d 165, and Matter of Scarola v Morgenthau, 246 AD2d 417). Concur— Ellerin, J. P., Williams, Mazzarelli and Andrias, JJ.

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Judgment, Supreme Court, New York County (Walter Schackman, J.), entered August 8, 1996, which denied petitioner’s application to compel respondent Assistant District Attorney to disclose certain documents under the Freedom of Information Law, unanimously affirmed, without costs.

Assuming arguendo that petitioner is entitled to documents containing statements given to the police by the complaining witness against him in his criminal trial, he is not, absent a showing that such documents are no longer available to him, entitled to material that was previously provided to his attorney(s) (compare, Matter of Huston v Turkel, 236 AD2d 283, lv denied 90 NY2d 809, with Matter of Swinton v Record Access Officers for City of N. Y. Police Dept., 198 AD2d 165, and Matter of Scarola v Morgenthau, 246 AD2d 417). Concur— Ellerin, J. P., Williams, Mazzarelli and Andrias, JJ.

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Bluebook (online)

254 A.D.2d 83, 678 N.Y.S.2d 330, 1998 N.Y. App. Div. LEXIS 10138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-keller-nyappdiv-1998.

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