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IN THE MATTER OF FRANKLIN v. SCHWARTZ

57 A.D.3d 338 (2008)

870 N.Y.S.2d 248

In the Matter of FREDERICK FRANKLIN, Appellant, v. ANN SCHWARTZ, as Records Access Officer of the New York County District Attorney's Office, Respondent.

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

December 18, 2008.

No reason appears to doubt respondent's assertion that despite an extensive search of the District Attorney's case files relating to the three indictment numbers specified in petitioner's requests, she was unable to locate the requested minutes of a 1982 plea taken by a certain witness at petitioner's trial. Indeed, it appears from the parties' extensive correspondence that respondent at all times endeavored to comply with petitioner's requests in accordance with this Court...

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