DAs THC Prosecutions (Kings County District Attorney's Office)

Emma Whitford filed this request with the Kings County District Attorney's Office of New York City, NY.
Due Dec. 7, 2018
Est. Completion Jan. 28, 2019
Status
Awaiting Response

Communications

From: Emma Whitford


To Whom It May Concern:

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

All prosecutions between January 1, 2017 and the present for PL 220.03 and the marijuana laws PL 221.05, 221.10, 221.15, 221.20, 221.25 and 221.30 as they pertain to possession of concentrated cannabis in all of its forms: Tetrahydrocannabinols, THC oil, vape pens, THC pens, THC vape pens, Tetrahydrocannabinols cartridges, etc.

I understand that 220.03 can be applied to numerous controlled substances, and am interested specifically and exclusively in those alleging the presence of THC. Similarly, for PL 221.05-221.30, I am interested specifically and exclusively in instances where the charge is leveraged because of the alleged presence of THC.

I would like the number of prosecutions broken down by PL section, month, precinct, gender, and race. I do not need defendant names.

Additionally, I would like the number of declined prosecutions for PL 220.03 and PL 221.05-221.30 as they pertain to possession of THC in all of its forms, for this same time window.

It would be preferable if all documents could be provided in some machine-readable form (like an excel or csv file).

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,

Emma Whitford

From: Kings County District Attorney's Office

Dear Ms. Whitford:

The acknowledgement e-mail that we sent on December 3 covers both of your requests which, as you were advised, have been consolidated in order to provide a more timely and efficient response. As you were previously advised, , in accordance with Public Officers Law §89 (3), you are hereby advised that you should receive a response to your request on or about January 28, 2019.

You may appeal these determinations within thirty days by contacting Morgan Dennehy, Esq., FOIL Appeals Officer, at the above e-mail address.

Sincerely,

Douglas O'Connell
Paralegal Supervisor
FOIL Records Access Officer

From: Emma Whitford

Got it, thank you!

From: Kings County District Attorney's Office

Dear Ms. Whitford:

Please accept my apologies for not getting back to you sooner. The FOIL Unit has been undergoing some reorganization and restructuring in an effort to more expeditiously process the unprecedented number of requests that we have received in the last year. Please be advised that you should receive a final determination regarding your two requests within the next thirty days.

Should you have any questions, please feel free to contact me at the number below. Otherwise, you may appeal this determination within thirty days by contacting George Forbes, Esq., the new FOIL Appeals Officer, at the above e-mail address.

Sincerely,

Douglas O’Connell
Paralegal Supervisor
FOIL Records Access Officer
(718) 250-4742

From: Emma Whitford

As I mentioned on my other FOIL, I'll follow up in 30 days!

Thanks,
Emma

From: Kings County District Attorney's Office

Dear Ms. Whitford,

The additional 30 days we advised you of on February 1 was for both requests.

Sincerely,

Douglas O’Connell
Paralegal Supervisor
FOIL Records Access Officer

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