KHALIB GOULD,APPELLANT, v. NEW YORK CITY POLICE DEP'T, ET AL RESPONDENTS.
89 N.Y.2d 267, 675 N.E.2d 808, 653 N.Y.S.2d 54 (1996).
November 26, 1996
1 No. 234 (1996 NY Int. 232)
HAROLD SCOTT, APPELLANT, v. NEW YORK CITY POLICE DEP'T, RESPONDENT.
1 No. 235
JOSEPH F. DEFELICE EX REL. ON BEHALF OF CHRISTOPHER BARBERA, APPELLANT, v.
NEW YORK CITY POLICE DEP'T, RESPONDENT
1 No. 236
Decided November 26, 1996
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
No. 234:
Rosemary Herbert, for Appellant.
Margaret G. King, for Respondents.
New York City Legal Aid Society; New York State District Attorneys
Association, amici curiae.
No. 235:
Steven B. Wasserman, for Appellant.
Margaret G. King, for Respondent.
New York State District Attorneys Association, amicus curiae.
No. 236:
Joseph F. DeFelice, for Appellant.
Margaret G. King, for Respondent.
New York State District Attorneys Association, amicus curiae.
CIPARICK, J.:
The three separate proceedings on appeal all involve petitioners'
efforts, pursuant to the Freedom of Information Law (FOIL), to obtain
documents relating to their arrests from the New York City Police
Department. In response to petitioners' FOIL requests, the Police
Department furnished assorted documents to petitioners, but refused to
disclose complaint follow-up reports (commonly referred to as DD5's)
and police activity logs (commonly referred to as memo books). We hold
that the complaint follow-up reports are not categorically exempt from
disclosure as intra-agency material and that the activity logs are
SNIPPETS:
NEW YORK CITY POLICE DEP'T,
RESPONDENT.
This opinion is uncorrected and subject to revision before publication in the New York
New York City Legal Aid Society; New York State District Attorneys Association,
New York State District Attorneys Association, amicus curiae.
The three separate proceedings on appeal all involve petitioners' efforts, pursuant to the
In response to petitioners' FOIL requests, the Police Department furnished assorted documents
We hold that the complaint follow-up reports are not categorically exempt from disclosure as
we remit these proceedings to Supreme Court to determine whether the Police Department can
In Matter of Gould, attorneys for petitioner Khalib Gould submitted a FOIL request to the
In Matter of DeFelice, petitioner Christopher Barbera, through his attorney, requested police
In Matter of Scott, petitioner Harold Scott, in a series of FOIL requests, sought Police
To promote open government and public accountability, the Freedom of Information Law imposes
Corp., 62 NY2d 75, 81 ).
Despite these principles, the courts below relied on the case of Matter of Scott v Chief
are inter-agency or intra-agency materials which are not: statistical or factual tabulations
Petitioners contend that because the complaint follow-up reports contain factual data, the
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