POLICE DEPARTMENT
LEGAL BUREAU

F.O.I.L UNIT, ROOM 110C
ONE POLICE PLAZA

NEW YORK, NY 10038

 

July 29, 2015

MuckRock News
Shawn Musgrave
DEPT MR 15845
PO Box 55819
Boston, MA 02205

File 2015-PL-1411

Dear Sir:

This is in response to your letter dated, 02/04/2015 in which you request access to
certain records under the New York State Freedom of Information Law 

In regard to the documents which you requested, I must deny access to these records
on the basis of the following:

Public Officers Law section 87(2)(b) as such information, if disclosed would
constitute an unwarranted invasion of privacy.

Public Officers Law section 87(2)(f) as such information, if disclosed could endanger
the life or safety of any person.

Public Officers Law section as such records/ information, if disclosed
would interfere with law enforcement investigations or judicial proceedings.

Public Officers Law section as such information, if disclosed could
identify a confidential source or disclose confidential information relating to a criminal

investigation.

Public Officers Law Section in that these records are inter-agency or
intra-agency materials which are not final agency policy or determinations.

Public Officers Law Section 87(2)(g) as such records/information are intra?agency materials.

COURTESY - PROFESSIONALISM 0 RESPECT

 

Public Officers Law Section These records are sealed under court order, pursuant to
Criminal Procedure Law Section 160.50 and can only be requested by the arrested person or their
representative.

Public Officers Law in that some of the information consists of Police Officer's
personnel records and are therefore exempt from disclosure under the provisions of Civil Rights Law
Section 50-a.

In addition, redactions cannot be made without extraordinary efforts to determine
which investigations are still open, which prosecutions are still pending, which witnesses
were promised confidentiality and which investigations have since been sealed. Such efforts
are not required by the New York State Public Officers Law.

You may appeal this decision or any portion thereof. Such an appeal must be made in
writing, within 30 days of the date of this letter, and must be forwarded to: Jonathan David,
Records Access Appeals Officer, New York City Police Department, One Police Plaza,
Room 1406, New York, .Y. 10038. Please include copies of the FOIL request and this letter
with your appeal.

Sincerely,

 

COURTESY 0 PROFESSIONALISM - RESPECT