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Article 78 Police Records

Article 78 Needed to Challenge NYPD Denial of FOIL Request For Laboratory Reports

The Legal Aid Society is seeking pro bono co-counsel to litigate an Article 78 in Manhattan Supreme Court challenging the denial by the New York City Police Department (NYPD) of a Freedom of Information Law request for the laboratory file on the case of People v. Miller, Indictment Number 1529/2008.

Devon Miller was charged with murder in Bronx County in 2008. The Legal Aid Society is currently working with Mr. Miller in an effort to challenge his conviction and seek a new trial on his behalf. We believe there is exonerating evidence and are investigating all possible options. As part of the investigation, in February and March of 2019 Legal Aid made several FOIL requests pursuant to N.Y. Pub. Off. Law Sections 84 to 90 seeking the entire contents of NYPD lab file, including, but not limited to, results of gunshot residue testing and ballistic/blood damage tests, crime scene photographs and audio/videotaped statements. On November 20, 2019, NYPD denied the requests.

On December 18, 2019 an Appeal of the FOIL denials was filed by letter to the NYPD FOIL Appeals Officer. On December 26, 2019 the appeal was granted in part and denied in part, with crime scene photos provided, however, other records “unable to be located”. The Legal Aid Society believes that NYPD is acting in bad faith in denying this request and is attempting to prevent us from gathering important evidence.

We are seeking pro bono co-counsel to join us in bringing an Article 78 proceeding in New York State Supreme Court in Manhattan.  The deadline for filing the Article 78 petition is April 26, 2020.