Records, Arfan Butt (1986-2020)

T. McElwee filed this request with the New York State Division of Criminal Justice Services of New York.

It is a clone of this request.

Submitted Dec. 5, 2020
Status
Rejected

Communications

From: T. McElwee

Subject: New York Freedom of Information Law Request: Records, Arfan Butt (1986-2020)

Email


To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

The results of a query to eJusticeNY for all releasable records pertaining to the individual named Arfan Butt.

Please note the following identifiers:

Name: Arfan Butt
Date of Birth: 9/15/1986
Date of Death: 9/12/2020
First 5 digits of Social Security Number: 100-92
Known Residence: Kings County (Brooklyn), New York City, New York
NYS Department of Corrections and Community Supervision issued Department Identification Number: 09R3872

Mr. Butt was widely reported deceased as of 9/12/2020 in Brooklyn. Please see attached PDF for proof of death. As the subject is deceased, records pertaining to him have diminished privacy interests, and is outweighed by the public interest in disclosure of the life history of Butt prior to his murder.

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,

T. McElwee

  • Man20dies20after20being20shot20320times20in20BMW20in20NYC_20NYPD201.pdf

From: New York State Division of Criminal Justice Services

Subject: RE: New York Freedom of Information Law Request: Records, Arfan Butt (1986-2020)

Email

Dear Mr. McElwee :

This will acknowledge receipt of your request for records under the Freedom of Information Law received by the Division of Criminal Justice Services on December 7 , 2020. The request was for “The results of a query to eJusticeNY for all releasable records pertaining to the individual named Arfan Butt”.

Your request has been forwarded to the appropriate program area(s) to identify documents that are responsive to your request and which may be made available pursuant to all applicable provisions of the Freedom of Information Law.

A determination as to whether your request is granted or denied will be reached in approximately 20 business days or we will notify you in writing if the responsible program area(s) should require additional time to locate, assemble and review documents that may be responsive to your request.

Please note that, pursuant to Article 6 of the Public Officers Law, a charge may be applied to your request, including the actual cost of the medium used to respond to your Freedom of Information Law request and/or other related costs. When responsive records have been identified, you will be informed of any cost and how payment should be made.

As part of the ongoing response to the COVID-19 pandemic, some or all agency employees may be working off-site. As such, there may be delays in response to FOIL requests. If a record responsive to a request is only available in hard-copy format, that record’s availability will be limited until further notice. Thank you for your patience during this extraordinary time. ​

Very truly yours,

Brian Garvey, Esq.
Records Access Officer

From: New York State Division of Criminal Justice Services

Subject: FW: New York Freedom of Information Law Request: Records, Arfan Butt (1986-2020)

Email

Dear Mr. McElwee:

This is in response to your Freedom of Information Law (“FOIL”) request, received by the Division of Criminal Justice Services (“Division”) requesting the “results of a query to eJusticeNY for all releasable records pertaining to the individual named Arfan Butt.”

It appears that you are requesting this individual’s criminal history record information (“CHRI”), also referred to as a “rap sheet.” Please be advised that should such records exist for this individual, 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 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.

You may wish to contact the New York State Office of Court Administration (OCA) which conducts name-based criminal history record searches for a fee. Access to OCA records is not restricted to entities authorized by law. You can obtain information concerning a criminal history record search from OCA at http://nycourts.gov/apps/chrs/ or by calling 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, 80 South Swan St., Albany, NY 12210 or by email at foil@dcjs.ny.gov<mailto:foil@dcjs.ny.gov>.

Very truly yours,

Brian Garvey, Esq.
Records Access Officer

Files

pages

 Close