Marvin Pines affadavits (Kings County District Attorney's Office)
| Multi Request | Marvin Pines affadavits |
| Submitted | Feb. 21, 2023 |
| Est. Completion | None |
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Communications
From: Wesley Lowery
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Any affidavits or criminal charges filed against Marvin Pines (DOB: 4/19/1957) connected to any pending or previous criminal cases
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,
Wesley Lowery
From: Kings County District Attorney's Office
Dear Mr. Lowery,
I am writing to acknowledge receipt of your February 22, 2023 email, in which you seek records pursuant to New York Public Officers Law, Article 6, sections 84 et seq., the Freedom of Information Law (“FOIL”). Unfortunately, your request cannot be fulfilled because Mr. Pines’ multiple cases were prosecuted by the New York County (Manhattan) District Attorney’s Office, not the Kings County (Brooklyn) District Attorney’s Office. Thus, no records responsive to your request would have been generated by the Kings County District Attorney’s Office, and the Freedom of Information Law does not require this office to obtain records elsewhere if they cannot be located within our files. See Public Officers Law § 89(3); Badalamenti v. Office of DA Nassau County, 89 A.D.3d 1019 (2d Dep’t 2011); Lewis v. Hynes, 208 A.D.2d 731 (2d Dep’t 1994); Adams v. Hirsch, 182 A.D.2d 583 (1st Dep’t 1992). Your request should instead be submitted to the appropriate District Attorney’s Office.
You may appeal from this determination within thirty (30) days by writing to: George B. Forbes, Esq., FOIL Appeals Officer, Kings County District Attorney’s Office, 350 Jay Street, 20th Floor, Brooklyn, NY 11201. ADA Forbes is copied on this email.
___________________________
Sincerely,
Douglas O’Connell
Paralegal Supervisor
FOIL Records Access Officer
(718) 250-4742
From: Wesley Lowery
Thank you! I wasn't sure who had prosecuted, so reached out to all of the DA's offices in the city. Thank you for letting me know!
From: Wesley Lowery
Hi,
Thanks so much for your help with this request! I really appreciate it.
Sincerely,
Wesley Lowery
From: Kings County District Attorney's Office
Anytime.
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