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IN THE MATTER OF POWELL v. BERNHARDT

19 A.D.3d 307 (2005)

797 N.Y.S.2d 94

In the Matter of TYRONE POWELL, Appellant, v. E.F. BERNHARDT, ESQ., as Records Access Appeals Officer, Respondent.

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

June 23, 2005.

Pursuant to a Freedom of Information Law request, petitioner obtained records from his Bronx murder trial, including a crime-scene videotape. Respondent's denial of the request insofar as it sought a purported second crime-scene videotape, or the entire crime-scene videotape depicting the closed barrel, or a barrel being opened, was sufficiently supported by an Assistant District Attorney's affirmation that he diligently searched...

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