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MATTER OF NEW YORK STATE DEFENDERS ASSOCIATION v. NEW YORK STATE POLICE

511391.

87 A.D.3d 193 (2011)

927 N.Y.S.2d 423

2011 NY Slip Op 5839

In the Matter of NEW YORK STATE DEFENDERS ASSOCIATION, Appellant, v. NEW YORK STATE POLICE et al., Respondents.

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

Decided July 7, 2011.

Attorney(s) appearing for the Case

Andrew L. Kalloch , New York Civil Liberties Union Foundation, New York City, for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Frank K. Walsh of counsel), for respondents.

ROSE, J.P., MALONE JR., McCARTHY and EGAN JR., JJ., concur.

OPINION OF THE COURT

STEIN, J.

Petitioner made a request to respondent New York State Police pursuant to the Freedom of Information Law (see Public Officers Law art 6 [hereinafter FOIL]) for information on its policies relating to electronic recording of custodial interviews, interrogations, confessions and statements. Respondent Laurie Wagner, State Police Records Access Officer, timely denied the request on the basis that the records sought were...

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