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REQUEST FOR STATEMENTS OF NON-TESTIFYING WITNESSES IN A CRIMINAL MATTER PROPERLY DENIED.

The Second Department determined the request for statements made by non-testifying witnesses in a criminal matter was properly denied:

… [T]he respondents met their burden of demonstrating that the statements and other documents containing information provided to law enforcement officials during the criminal investigation by witnesses who did not testify at trial were exempt from disclosure under Public Officers Law § 87(2)(e)(iii). Thus, the documents sought by the petitioner, which contain statements of nontestifying witnesses, are not disclosable under FOIL. Matter of Brown v DiFiore, 2016 NY Slip Op 04045, 2nd Dept 5-25-16

FREEDOM OF INFORMATION LAW (FOIL) (REQUEST FOR STATEMENTS OF NON-TESTIFYING WITNESSES IN A CRIMINAL MATTER PROPERLY DENIED)

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