Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: Daryl WHITLEY, Petitioner–Appellant, v. NEW YORK COUNTY DISTRICT ATTORNEY'S OFFICE, et al., Respondents–Respondents.
Order and judgment (one paper), Supreme Court, New York County (Cynthia S. Kern, J.), entered September 15, 2011, which denied the petition seeking, among other things, to annul respondents' determination denying petitioner's Freedom of Information Law (FOIL) request for certain documents concerning the investigation and prosecution of a crime for which petitioner was convicted, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
Respondents' determination was not affected by an error of law (see CPLR 7803[3]; Mulgrew v. Board of Educ. of the City School Dist. of the City of N.Y., 87 AD3d 506, 507 [1st Dept 2011], lv denied 18 NY3d 806 [2012] ). Respondents correctly determined that disclosure of the requested documents would have interfered with petitioner's then-pending criminal appeal and any subsequent proceedings in the underlying criminal case (see Public Officers Law § 87[2][e][i]; Matter of Moreno v. New York County Dist. Attorney's Off., 38 AD3d 358, 358 [1st Dept 2007], lv denied 9 NY3d 801 [2007] ). Respondents generically identified the kinds of documents sought and the risks of disclosing the documents (see Matter of Lesher v. Hynes, 19 NY3d 57, 67 [2012]; Matter of Legal Aid Socy. v. New York City Police Dept., 274 A.D.2d 207, 214 [1st Dept 2000], lv dismissed in part, denied in part 95 N.Y.2d 956 [2000] ). We reject petitioner's contention that respondents were required to set forth particularized findings about whether the FOIL exemption at issue applied to each responsive document (see Lesher, 19 NY3d at 67; Legal Aid Socy., 274 A.D.2d at 213–214).
We have considered petitioner's remaining contentions and find them unavailing.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: December 06, 2012
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)