New York Court of Appeals
In the Matter of Scott Fappiano v. New York City Police Department, Appellant In the Matter of Ceasar Stapleton v…
March 27, 200195 N.Y.2d 738
Summary
The Court held that a person convicted of a sex crime is not "charged" within the meaning of Civil Rights Law § 50‑b(2)(a) and therefore is not entitled to FOIL disclosure under that exception; it also required police departments to make a particularized showing that requested documents contain victim‑identifying information. Accordingly, the appellate division orders for Fappiano, Stapleton and Doyen were reversed, with the former two remitted for further proceedings and Stapleton dismissed.