MATTER OF LAPORTE v. MORGENTHAU


11 A.D.3d 410 (2004)

783 N.Y.S.2d 571

In the Matter of FELIX LAPORTE, Appellant, v. ROBERT M. MORGENTHAU, as District Attorney of New York County, Respondent.

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

October 28, 2004.


There is a statutory exemption (Public Officers Law § 87 [2] [f]) for requests to produce record evidence that might compromise the safety of certain witnesses or law enforcement personnel, especially where the requester has demonstrated a propensity for violence and revenge (Matter of Howard v Malone, 247 A.D.2d 665 [1998]). The court fashioned a reasonable compromise by providing petitioner with redacted audiotape versions...

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