Badalamenti v. Office of District Attorney Nassau County

Contrary to the petitioner’s contention, he was not entitled to the disclosure of a cellular phone entered into evidence at his criminal trial under the Freedom of Information Law (hereinafter FOIL), as “physical evidence does not fall within the statutory definition of a ‘record’ ” (Matter of Allen v Strojnowski, 129 AD2d 700, 700-701 [1987]; see Matter of Sideri v Office of Dist. Attorney of N.Y. County, 243 AD2d 423 [1997]; Matter of Dobranski v Houper, 154 AD2d 736, 739 [1989]).

*1020Further, with respect to the request for disclosure of a recording and accompanying transcript from an alleged…