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MATTER OF RUSSO v. FITZGERALD

260 A.D.2d 738 (1999)

687 N.Y.S.2d 816

In the Matter of CARMEN RUSSO, Appellant, v. JAMES A. FITZGERALD, as Appeals officer, New York State Police, Respondent.

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

Decided April 8, 1999.

Mercure, J. P.

Petitioner was convicted of murder in the second degree as a result of a jury's determination that he stabbed his wife to death. He is presently serving a sentence of imprisonment. Pursuant to the Freedom of Information Law (Public Officers Law art 6 [hereinafter FOIL]), petitioner requested that the State Police provide him with duplicates of photographs that had been taken at the crime scene. Respondent ultimately partially complied with the request...

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