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JOHNSON v. NYC POLICE DEPT.

257 A.D.2d 343 (1999)

694 N.Y.S.2d 14

In the Matter of WILLIAM JOHNSON, Respondent, v. NEW YORK CITY POLICE DEPARTMENT et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 29, 1999.

Attorney(s) appearing for the Case

Rosemary Herbert of counsel (Richard M. Greenberg, Office of the Appellate Defender, attorney), for respondent.

Margaret G. King of counsel (Barry P. Schwartz, William Tesler and Phyllis Calistro on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for appellants.

TOM, WALLACH and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

ELLERIN, P. J.

At issue on this appeal are the circumstances under which documents generated during a police investigation should be released to a criminal defendant pursuant to a Freedom of Information Law (FOIL) request.

The documents sought in the instant matter are complaint follow-up reports, known as DD-5s. They were produced by respondent New York City Police Department (NYPD) in connection with its investigation into...

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