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1
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OPINION
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EXTRACTED KEY WORDS
MATTER DISCLOSURE POLICE MEMORANDUM PUBLICATION EXEMPT STATUTE APPELLANTS YORK CITY POLICE SUPREME COURT ACCORDANCE NY2D DISCLOSURE PURSUANT RESPONDENT COSTS PUBLIC OFFICERS LAW VICTIM SEX OFFENSE PETITIONER JUDGE SUBMISSIONS PURSUANT ALBANY COUNTY CHIEF JUDGE KAYE JUDGES SMITH LEVINE CIPARICK WESLEY ROSENBLATT GRAFFEO CONCUR |
3 No. 116 SSM 6
In the Matter of Daniel Karlin,
Respondent,
v.
James McMahon, &c., et al.,
Appellants.
_________________________________________________________________
2001 NY Int. 71
June 12, 2001
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Frank K. Walsh, for appellants.
Submitted by Steven B. Wasserman, for respondent.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be reversed, without costs,
and the matter remitted to Supreme Court for further proceedings in
accordance with this Memorandum.
All government records are presumptively open for public inspection
unless specifically exempt from disclosure by State or Federal statute
(Public Officers Law § 87(2)). Here, Civil Rights Law § 50-b(1)
provides a statutory exemption from disclosure for documents that tend
to identify the victim of a sex offense. Civil Rights Law
50-b(2)(a), which allows disclosure of such documents to a person
charged with a sex offense, does not apply to petitioner as he stands
convicted following trial (see, Matter of Fappiano v New York City
Police Dept., , 95 NY2d 738). Nevertheless, the police must meet
their burden of making a particularized showing that the statutory
exemption from disclosure pursuant to Civil Rights Law § 50-b
applies to all the records petitioner seeks (see, id.; Gould v New
York City Police Dept., , 89 NY2d 267). Accordingly, we remit the
matter to Supreme Court for a determination whether the police have
met this burden.
Additionally, insofar as the requested records are exempt from
disclosure pursuant to State statute (Public Officers Law § 87(2);
Civil Rights Law § 50-b(1)), the police are not obligated to
provide the records even though redaction might remove all details
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