bail bench book
| Submitted | Jan. 5, 2023 |
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Communications
From: Sam Mellins
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
1. The "Bail Bench Book" prepared by Daniel Conviser
2. The "Discovery Bench Book" prepared by Dineen Riviezzo
3. A memo prepared by OCA detailing the offenses eligible for cash bail.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Sam Mellins
From: New York State Office of Court Administration
The Office of Court Administration acknowledges receipt of your FOIL request dated 1/5/23, seeking:
1. The "Bail Bench Book" prepared by Daniel Conviser
2. The "Discovery Bench Book" prepared by Dineen Riviezzo
3. A memo prepared by OCA detailing the offenses eligible for cash bail.
In response to your first two requests, please be advised that the requested materials fall within the intra/inter agency exemption (Public Officers Law § 87(2)(g)) and do not reflect final policy decisions, nor constitute final instructions to staff. Rather they reflect the subjective views, analysis, research, opinions, and recommendations of the author. To the extent the materials also may provide insight into the deliberative and analytical processes of the Judges, the materials would be privileged. See § 87(2)(a); CPLR § 3101(b). Similarly, they may reflect protecting privileged communications or work product of attorneys and would be exempt under Public Officers Law § 87(2)(a); CPLR § 3101(b), (c); CPLR § 4503.
In response to your third request, please note the request records are exempt from disclosure because they constitute "inter-agency or intra-agency materials" which are not: statistical or factual tabulations or data; instructions to staff that affect the public; final agency policy or determinations; or external audits. Public Officers Law § 87(2)(g). Additionally, Public Officers Law § 87(2)(a) precludes access to records that are "specifically exempted from disclosure by state or federal statute."
Pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to take a written appeal of this determination. You may appeal by writing:
Nancy J. Barry, Chief of Operations
FOIL Appeals Officer
25 Beaver Street, 11th Floor
New York, NY 10004
Or, you may submit such appeal by email to: FOILappeal@nycourts.gov<mailto:FOILappeal@nycourts.gov>
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~WRD2077
From: Sam Mellins
Hello,
I am appealing this denial of my FOIL request. The bail and discovery bench books are "instructions to staff that affect the public," as they are materials that affect how judges handle issues of bail and discovery that face criminal defendants in New York courts every day.
Accordingly, my FOIL request should be granted.
From: New York State Office of Court Administration
Please find attached OCA’s determination on your appeal of this FOIL matter.
Kind regards,
Michael Siudzinski
Assistant Deputy Counsel
NYS Office of Court Administration
25 Beaver Street
New York, NY 10004
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