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New York Supreme Court Appellate Division, Second Department
Jennvine Wong
Brooklyn Defender Services Neighborhood Defender Services of Harlem New York County Defender Services
The Legal Aid Society filed an amicus brief in support of Fidel Portillo and the trial court’s order compelling discovery of police misconduct records in a pending felony matter against Mr. Portillo. In an Article 78 proceeding, the Suffolk County District Attorney’s Office sought to prohibit the trial court judge from enforcing an order compelling discovery of police misconduct records, including Internal Affairs Bureau investigations, in a pending felony case. On appeal, the Appellate Division Second Department denied the petition and dismissed the matter, determining that the District Attorney’s Office failed to demonstrate a clear legal right to challenge the order in a pending criminal case with an Article 78.