Johnson v. New York City Police Department

258 A.D.2d 343, 694 N.Y.S.2d 14
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 29, 1999
StatusPublished
Cited by47 cases

This text of 258 A.D.2d 343 (Johnson v. New York City Police Department) 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.

Bluebook
Johnson v. New York City Police Department, 258 A.D.2d 343, 694 N.Y.S.2d 14 (N.Y. Ct. App. 1999).

Opinion

OPINION OF THE COURT

Ellerin, P. J.

At issue on this appeal are the circumstances under which documents generated during a police investigation should be released to a criminal defendant pursuant to a Freedom of Information Law (FOIL) request.

The documents sought in the instant matter are complaint follow-up reports, known as DD-5s. They were produced by respondent New York City Police Department (NYPD) in connection with its investigation into the shooting death of George Braswell. As a result of that investigation, petitioner was arrested, charged with murder in the second degree, and, after a jury trial in which he set forth the defense of justification, convicted of manslaughter in the first degree. That conviction was affirmed on appeal (People v Johnson, 222 AD2d 316, lv denied 87 NY2d 974).

After his conviction, petitioner submitted a FOIL request to NYPD seeking “[a]ny written report or document, or portion thereof, concerning Mr. Johnson’s arrest or the investigation of the case,” specifically including “complaint follow up informational reports,” which are commonly referred to as DD-5s.

Eight months later, NYPD responded to the request by disclosing eight pages of documents and nine copies of photographs. Although the disclosed materials included a [345]*345redacted copy of the complaint report completed on the day of the incident, the request insofar as it sought DD-5s was denied “on the basis of Public Officers Law section 87 (2) (g) (iii) as such records are inter-agency or intra-agency materials which are not final agency policy or determination.” Petitioner filed an administrative appeal of the denial, which was unsuccessful.

Petitioner thereupon filed the instant petition pursuant to CPLR article 78. It was denied on the ground that DD-5s are exempt from disclosure as intra-agency materials, and that denial was affirmed by this Court (220 AD2d 320, lv dismissed 87 NY2d 943). However, the matter was remanded to Supreme Court for a determination as to whether other materials existed that were not exempt from FOIL. On remand, petitioner moved for reconsideration as to the DD-5s in light of the Court of Appeals decision in Matter of Gould v New York City Police Dept. (89 NY2d 267), which specifically held that DD-5s are not subject to a blanket exemption from FOIL pursuant to the exemption set forth in Public Officers Law § 87 (2) (g) for certain intra-agency material. In response, while NYPD at that point disclosed certain other documents that had originally been withheld, it opposed the request for reconsideration of the denial of disclosure of the DD-5s on the alternative ground that they were “exempt from the disclosure requirements of FOIL under the privacy exemptions set forth in Public Officers Law § 87 (2) (b) and the public interest exemption set forth in Public Officers Law § 87 (2) (f).” NYPD did not set forth any specific factual information that would support exemption of the documents generated in petitioner’s case, but simply asserted that the DD-5s were subject to exemption under these provisions.

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Cite This Page — Counsel Stack

Bluebook (online)
258 A.D.2d 343, 694 N.Y.S.2d 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-new-york-city-police-department-nyappdiv-1999.