Huston v. Turkel
Court: Appellate Division of the Supreme Court of the State of New York; February 19, 1997; New York; State Appellate Court
An order and judgment from the Supreme Court of New York County, issued by Justice Lewis Friedman on August 14, 1995, denied a petitioner's request under CPLR article 78 to compel the disclosure of records related to his criminal prosecution, specifically an autopsy report, witness statements, a medical report, a ballistic report, and the felony complaint. The court unanimously affirmed the denial without costs or disbursements. The petitioner was not entitled to the autopsy report, felony complaint, and ballistics report as these documents had previously been provided to his attorney, and the petitioner did not demonstrate their unavailability. Autopsy reports are exempt from disclosure under New York City Charter §557(g). Witness statements made to the District Attorney's office are protected by public interest privilege, requiring a compelling and particularized need for access, which the petitioner failed to establish. Additionally, medical records are exempt from disclosure under Public Officers Law §§87(2)(b) and 89(2)(b)(ii) due to privacy concerns. The court noted that the types of documents deemed non-exempt in prior cases, such as Matter of Gould v New York City Police Dept., were not relevant to this situation. The ruling was concurred by Justices Sullivan, Rosenberger, Ellerin, and Williams.