Criminal Record for Gaspar Vetrano

George Hassett filed this request with the Criminal Records of New York.
Submitted April 25, 2012
Status
Rejected

Communications

From: George Hassett

Subject: None

None

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

Any and all public records regarding the incarceration of Gaspar Vetrano.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

George Hassett

From: dcjs.sm.legal.foil <dcjslegalfoil@dcjs.ny.gov>

Subject: None

None

To whom it may concern:

This will acknowledge receipt of your Freedom of Information Law request for public records pertaining to the incarceration of Gaspar Vetrano.

Please be advised that your request is under active review and you may expect a formal response to your inquiry within twenty business days.

Very truly yours,

Valerie Friedlander
Records Access Officer

From: dcjs.sm.legal.foil <dcjslegalfoil@dcjs.ny.gov>

Subject: None

None

Dear Mr. Hassett:

This is in response to your Freedom of Information Law request for incarceration records pertaining to Gaspar Vetrano.

Please be advised that the only records maintained by the Division of Criminal Justice Services (Division) pertaining to an individual's incarceration is criminal history record information (CHRI), also referred to as "rap sheets," which would reflect sentencing information that would indicate whether the subject had been sentenced to incarceration. Should such records even exist pertaining to Gaspar Vetrano, please be advised that CHRI maintained by the Division is exempt from FOIL disclosure pursuant to Public Officers Law ("POL") §87(2)(a) which provides for the denial of records specifically exempted from disclosure by statute and on unwarranted invasion of personal privacy grounds pursuant to the provisions of 9 NYCRR §6150.4 (see, POL §87[2][b]).

Only entities qualified pursuant to Article 35 of New York's Executive Law are eligible to have access to such records (see, Executive Law §837[6], [8]). Additionally, an individual or the attorney for such individual, upon proper identification, may review his or her own CHRI for the purpose of challenge or correction. Finally, access to a person's CHRI is permitted when a court determines that such information is relevant to an issue in litigation and issues an order or a subpoena for such a record. Since your request for CHRI does not meet the foregoing criteria, it is denied. As noted, the Division has no other records pertaining to an individual's incarceration.

Please note that the Office of Court Administration ("OCA") conducts criminal history record searches for a fee. For information regarding how to obtain a criminal history record from OCA, visit the OCA website at www.courts.state.ny.us or call OCA's Criminal History Record Search Unit at (212) 428-2943.

Pursuant to POL §89(4)(a), you may appeal this determination within 30 days to the Counsel, Division of Criminal Justice Services, 4 Tower Place, Albany, NY 12203-3764.

Very truly yours,

Valerie Friedlander
Records Access Officer

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