New York State Police request for info. on Charles R. Longo Sr. (deceased)

Don Stone,

Here is the information on where to send this request. If you have any questions please reply to this email or call the Public Safety Contact Center at 1-800-262-3257 or 518-457-5837.

Freedom of Information Law (FOIL) Requests
To request access, pursuant to the Freedom of Information Law (FOIL), to a record maintained by the Division of Criminal Justice Services, you must make your request in writing. Please be as specific as possible in describing the record(s) in which you are interested. Within five business days of the receipt of a written request, we will send a written acknowledgement that we have received the request. Please send your inquiry via landmail, FAX or e-mail to:

Records Access Office
NYS Division of Criminal Justice Services
Alfred E. Smith Building
80 South Swan St.
Albany, New York 12210
FAX: (518) 457-2416
E-mail: foil@dcjs.ny.gov<mailto:foil@dcjs.ny.gov>

Questions or comments: foil@dcjs.ny.gov<mailto:foil@dcjs.ny.gov>

PSCC

Dear Mr. Stone:

This is in response to your Freedom of Information Law (FOIL) request for criminal history record information (“CHRI”) pertaining to Charles Longo, Sr.

Should such records exist, please be advised that CHRI maintained by the Division of Criminal Justice Services (“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 also 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 does not meet the foregoing criteria, your request for CHRI is denied.

Pursuant to Public Officers Law §89(4)(a), you may appeal this determination within 30 days to the Counsel, Division of Criminal Justice Services, 80 South Swan St., Albany, NY 12210 or by email at foil@dcjs.ny.gov<mailto:foil@dcjs.ny.gov> .

Very truly yours,

Valerie Friedlander
Records Access Officer

Dear Mr. Stone:

This is in response to your appeal of the denial by the Division of Criminal Justice Services (“Division”) of your Freedom of Information Law (“FOIL”) request for criminal history record information (“CHRI”) pertaining to Charles R. Longo, Sr.

Initially, please be advised that the Division maintains individual criminal history summaries of events reported by arresting agencies and the courts, i.e., CHRI, also referred to as “rap sheets.” The Division does not maintain case level records such as arrest records, court records or investigative files. It appears from your appeal correspondence that you have expanded your original FOIL request to include such case level records, i.e., arrest records, court records or investigative files. The Division has no records which are responsive to your request for arrest records, court records or investigative files, as DCJS does not maintain case level records.

Regarding your appeal of the denial of your request for the CHRI or “rap sheet” of Mr. Longo, St. as we previously advised you, even assuming such records exist, CHRI, also referred to as a “rap sheet,” maintained by the Division pertaining to any other person is exempt from disclosure under FOIL pursuant to Public Officers Law §§87(2)(a) and (b) which provide for the denial of records specifically exempted from disclosure by statute, or, which constitute an unwarranted invasion of personal privacy (see, Executive Law §§837[6];[8]; 9 NYCRR §6150.4; Bennett v. Girgenti, 226 A.D.2d 792, 640 N.Y.S.2d 307 [3d Dept. 1996], lv. denied 88 N.Y.2d 805, 646 N.Y.S.2d 985 [1996]; Smith v. Department of Criminal Justice Servs., [Supreme Court, Albany County, Oct. 20, 1993, Conway, J.], aff’d on opn. below, 210 A.D.2d 708, 621 N.Y.S.2d 942 [1994], lv. denied 85 N.Y.2d 805, 626 N.Y.S.2d 756 [1995]; Capital Newspapers v. Poklemba, [Supreme Court, Albany County, April 6, 1989, Kahn, J.]). Since the requirements for your access to another person’s CHRI have not been met, your appeal is denied. Contrary to your assertion in your FOIL appeal correspondence, the Federal Freedom of Information Act is not controlling with respect to requests pursuant to the State FOIL.

Please be advised that pursuant to Public Officers Law § 89(4)(b) you may initiate a court proceeding for review of this denial under Article 78 of the Civil Practice Laws and Rules.

Very truly yours,

John M. Czajka
Deputy Commissioner and Counsel

cc: Committee on Open Government