Legal Opinion

Mitchell v. Borakove

Appellate Division of the Supreme Court of the State of New York

Decided March 21, 1996PublishedCited by 12 opinions

1Opinion of the Court

Petitioner seeks disclosure of certain documents, worksheets and audiotape allegedly created in connection with the autopsy of Charles Freeman, Jr., whom petitioner was convicted of murdering in 1975.

Under the Freedom of Information Law (FOIL), records which must otherwise be made available to applicants need not be if they are specifically exempted from disclosure by State or Federal statute (Public Officers Law § 87 [2] [a]). Here such exemption exists with regard to the subject records under New York City Charter § 557 (g), which provides that the Chief Medical Examiner "shall promptly…

2Cases cited3 opinions

  1. Scott v. Chief Medical ExaminerAppellate Division of the Supreme Court of the State of New York · 1992
  2. MATTER OF DIAZ v. LukashNew York Court of Appeals · 1993
  3. Assakaf v. ArdenAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by12 opinions

  1. Green v. GiulianiNew York Supreme Court · 2000
  2. Huston v. TurkelAppellate Division of the Supreme Court of the State of New York · 1997
  3. Applegate v. HirschAppellate Division of the Supreme Court of the State of New York · 1997
  4. Johnson v. KellyAppellate Division of the Supreme Court of the State of New York · 2014
  5. Katz v. ScottAppellate Division of the Supreme Court of the State of New York · 1997

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