27 Cited authorities

  1. Brady v. Maryland

    373 U.S. 83 (1963)   Cited 33,300 times   132 Legal Analyses
    Holding that "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution"
  2. Department of Justice v. Landano

    508 U.S. 165 (1993)   Cited 423 times
    Holding that the government is not entitled to the presumption that all sources supplying information to FBI in course of criminal investigation are confidential sources within meaning of section of FOIA exempting agency records compiled for law enforcement purposes
  3. Gould v. New York City Police Department

    89 N.Y.2d 267 (N.Y. 1996)   Cited 346 times
    In Gould, the FOIL petitioners, one of whom was convicted of a sex crime, sought to obtain complaint follow-up reports (DD-5's) and other records for which the police claimed a blanket "intra-agency" exemption.
  4. In re Rattley v. New York City Police Department

    96 N.Y.2d 873 (N.Y. 2001)   Cited 120 times
    In Rattley v. N.Y. City Police Dep't, 96 N.Y.2d 873 (2001), the Court of Appeals reversed the First Department and held that a general certification by the NYPD that a diligent search had been conducted with negative results was sufficient evidence to establish compliance with FOIL. Again, while given an opportunity to challenge the search that was conducted, Mr. Waters has declined to do so.
  5. Lesher v. Hynes

    2012 N.Y. Slip Op. 2414 (N.Y. 2012)   Cited 55 times
    In Lesher, for example, the prosecutor's general explanation that the correspondence sought contained information concerning the particulars of the crime and the identities and statements of witnesses and that "its release posed an obvious risk of prematurely tipping the District Attorney's hand" was sufficient to support reliance on the exemption (id. at 67-68).
  6. Matter of Johnson v. New York City Police D

    257 A.D.2d 343 (N.Y. App. Div. 1999)   Cited 61 times
    In Johnson, this Court noted that “the disclosure of information that tends to exonerate a criminal defendant would not be likely to represent any apparent danger to the witness from whom it was derived” (id.).
  7. In re Bellamy v. New York City Police Dept

    87 A.D.3d 874 (N.Y. App. Div. 2011)   Cited 36 times   2 Legal Analyses

    Nos. 3997-3997A. September 8, 2011. Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered July 31, 2009, to the extent appealed from as limited by the briefs, granting the petition brought pursuant to the Freedom of Information Law to compel respondent to disclose police reports containing the names and statements of witnesses who did not testify at petitioner's trial, and order, same court and Justice, entered November 18, 2009, which, inter alia, denied respondent's motion to

  8. Bellamy v. Cogdell

    974 F.2d 302 (2d Cir. 1992)   Cited 63 times   2 Legal Analyses
    Holding that defense counsel's admitted physical and mental incapacity before trial, resulting in suspension immediately after trial, did not constitute per se ineffective assistance
  9. Matter of John P. v. Whalen

    54 N.Y.2d 89 (N.Y. 1981)   Cited 84 times
    In Matter of John P. v Whalen (54 N.Y.2d 89, 94), we held that res judicata did not bar a second request for documents pursuant to an amended version of the Freedom of Information Law even though the original request was essentially the same and properly denied under preexisting law.
  10. Brady v. Ottaway Newspapers

    63 N.Y.2d 1031 (N.Y. 1984)   Cited 76 times

    Argued October 17, 1984 Decided November 20, 1984 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Abraham Isseks, J. Joseph Sluzar for defendants-appellants. Peter E. Bloom for plaintiffs-appellants. Robert Abrams, Attorney-General ( Jeffrey I. Slonim, Peter H. Schiff and Howard L. Zwickel of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed, with costs. In this action for damages for libel, plaintiffs and defendants

  11. Section 87 - Access to agency records

    N.Y. Pub. Off. Law § 87   Cited 987 times   3 Legal Analyses
    Providing for free access to governmental records