IN RE: Application of Freddie FRANKLIN (1998)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of Freddie FRANKLIN, Petitioner-Appellant, For a Judgment, etc., v. Nina KELLER, etc., Respondent-Respondent.

Decided: October 08, 1998

Before ELLERIN, J.P., WILLIAMS, MAZZARELLI and ANDRIAS, JJ.

Petitioner-Appellant, Pro Se. Grace Vee, for Respondent-Respondent.

Judgment, Supreme Court, New York County (Walter Schackman, J.), entered August 8, 1996, which denied petitioner's application to compel respondent Assistant District Attorney to disclose certain documents under the Freedom of Information Law, unanimously affirmed, without costs.

Assuming arguendo that petitioner is entitled to documents containing statements given to the police by the complaining witness against him in his criminal trial, he is not, absent a showing that such documents are no longer available to him, entitled to material that was previously provided to his attorney(s) (compare, Matter of Huston v. Turkel, 236 A.D.2d 283, 653 N.Y.S.2d 584, lv. denied 90 N.Y.2d 809, 664 N.Y.S.2d 270, 686 N.E.2d 1365, with Matter of Swinton v. Record Access Officers for City of N.Y. Police Dept., 198 A.D.2d 165, 604 N.Y.S.2d 59, and Matter of Scarola v. Morgenthau, 246 A.D.2d 417, 668 N.Y.S.2d 174).

MEMORANDUM DECISION.

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