IN THE MATTER OF CHEBERE v. JOHNSON


3 A.D.3d 365 (2004)

770 N.Y.S.2d 357

In the Matter of HECTOR CHEBERE, Appellant, v. ROBERT T. JOHNSON et al., Respondents.

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

January 15, 2004.


Petitioner, serving a lengthy incarceration upon conviction after trial, seeks respondent prosecutor's interview notes containing a witness's statements made prior to his testimony at the trial. After almost two years of delay, respondents finally declined to provide said documents, citing as grounds the FOIL statutory exemption for endangerment of life and safety (Public Officers Law § 87 [2] [f]) and the public interest privilege, which protects statements made by...

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