Opinion
October 30, 1997
Appeal from Supreme Court, New York County (Louise Gans, J.).
The physical evidence requested by petitioner, namely "articles of clothing and alleged weapons", does not fall within the statutory definition of a "record" that may be disclosed under the Freedom of Information Law (Public Officers Law § 86; Matter of Allen v. Strojnowski, 129 A.D.2d 700, 700-701, appeal dismissed and lv denied 70 N.Y.2d 871). Such physical evidence is not part of "the documents and statistics leading to [governmental] determinations" (Public Officers Law § 84). Moreover, as the IAS Court correctly concluded, disclosure of any other trial evidence that would constitute a "record" would interfere with respondent's handling of the appeal of the criminal conviction (Public Officers Law § 87 [e] [i]).
We have considered petitioner's remaining contentions and find them to be without merit.
Concur — Sullivan, J.P., Milonas, Wallach, Williams and Colabella, JJ.