Justice Thomas Feinman
Dejean moved for respondent Nassau County Police Department to furnish him a copy of various police reports, witness statements, among other things, pursuant to a Freedom of Information Law (FOIL) request. The court concluded that the police department demonstrated that the requested documentation by petitioner invoked certain exceptions to FOIL, under the Public Officers Law. It stated the release of information, including access to witness information to an incarcerated petitioner, even absent a threat to such witnesses, gave rise to an implication that could endanger the life and safety of the witnesses, or have a "chilling effect" on future witness cooperation. The court stated the requested police records containing witness identities should not be disclosed here where the pro se petitioner was incarcerated, the incident concerned a fatal crash, and documents involving the incident resulted in a homicide investigation. Thus, it noted it was possible the release of identifying witnesses could endanger the life and safety of such individuals. Also, the requested records contained serial numbers of officers involved, hence, were not subject to disclosure. Therefore, the petition was denied.
