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MTR OF FRIEDMAN v. RICE

No. 56.

30 N.Y.3d 461 (2017)

90 N.E.3d 800

68 N.Y.S.3d 1

2017 NY Slip Op 08167

In the Matter of JESSE FRIEDMAN, Appellant, v. KATHLEEN M. RICE, as Nassau County District Attorney, Respondent.

Court of Appeals of New York.

Decided November 21, 2017.

Attorney(s) appearing for the Case

Law Office of Ronald L. Kuby, New York City ( Ronald L. Kuby and John P. O'Brien of counsel), for appellant.

Madeline Singas , District Attorney, Mineola ( Judith R. Sternberg , Tammy J. Smiley , Daniel Bresnahan and W. Thomas Hughes of counsel), for respondent.

Davis Wright Tremaine LLP, New York City ( Jeremy A. Chase , Victor A. Kovner and Laura R. Handman of counsel), and Reporters Committee for Freedom of the Press, Washington, D.C. ( Bruce D. Brown , Katie Townsend and Adam A. Marshall of counsel), for Reporters Committee for Freedom of the Press and others, amici curiae.

Center for Appellate Litigation, New York City ( Ben A. Schatz of counsel), Richard D. Willstatter , Amicus Curiae Committee, National Association of Criminal Defense Lawyers, White Plains and Brendan White , Amicus Curiae Committee, New York State Association of Criminal Defense Lawyers, New York City, for National Association of Criminal Defense Lawyers and another, amici curiae.

Thomas P. Zugibe , Morrie I. Kleinbart and Itamar J. Yeger , for District Attorneys Association of the State of New York, amicus curiae.

OPINION OF THE COURT

On this appeal we clarify the proper interpretation of section 87 (2) (e) (iii) of our State's Freedom of Information Law (Public Officers Law art 6 [FOIL]), under which a government agency may seek to exempt from public inspection those records, or a portion...

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