Russo v. Fitzgerald

Mercure, J. P.

Appeal from a judgment of the Supreme Court (Keegan, J.), entered March 3, 1998 in Albany County, which partially denied petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for an enhanced set of photographic exhibits.

Petitioner was convicted of murder in the second degree as a result of a jury’s determination that he stabbed his wife to death. He is presently serving a sentence of imprisonment. Pursuant to the Freedom of Information Law (Public Officers Law art 6 [hereinafter FOIL]),…