Opinion
October 25, 1990
Appeal from the Supreme Court, New York County (Norman C. Ryp, J.).
The petitioner, serving an aggregate sentence of 25 years to life for murder and other offenses, sought from the 103rd Precinct of the New York City Police Department a copy of statements given to specific police officers and other members of the New York City Police Department involving certain individuals who had been arrested, because he believed that an arrangement had been made between one or more of those arrested, and not disclosed to the petitioner, which resulted in testimony against him at his trial. The FOIL request was denied, based on the possibility that the information was exempt from disclosure on personal privacy grounds (Public Officers Law § 91 et seq.), on confidential information grounds (Public Officers Law § 87 [e]) and on intra-agency grounds (Public Officers Law § 87 [g]).
Respondent commendably concedes that it was an abuse of discretion to deny the petitioner's request for documents without first reviewing them and stating, with particularity, the reasons for denial. (Cornell Univ. v. City of N.Y. Police Dept., 153 A.D.2d 515, lv denied 75 N.Y.2d 707.)
Concur — Kupferman, J.P., Sullivan, Carro and Milonas, JJ.