Drug Marketing

To Whom It May Concern:

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

For the NYPD Narcotics division, I was seeking records of any kind including completed investigations or records of samples or seizures in custody of heroin with the brand stamp ' Breitling'. I ask also seeking records of 'cocaine' identified with the code word 'grape', as well as any information related to Ketamine with the code work (K-love or Caleb)

Years to search: 2007-2013

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,

William Fernandes

Notice of Appeal:
Records Access Appeals Officer
NYC Police Department

Request Number: FOIL-2021-056-14552

Grounds for Appeal:
Radio
10-1
10-2
Defective
Adequacy of Search
The agency has not provided any Custodian of Records declaration which clearly identifies that a member of its agency was tasked and completed the searches for the information requested and had a just reasonable reason for the denial of the request. The search is for any and all records, the agency can ask for the request to be narrowed, but based on the Agency Department subject to search, you can search evidence vouchers, witness statements, closed cases, any searchable media within your custody.
OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE
Penal Law § 195.05
'A person is guilty of Obstructing Governmental Administration in the Second Degree when that person intentionally [obstructs, impairs or perverts the administration of law or other governmental function or] prevents or attempts to prevent a public servant from performing an official function. ' This would include any public servant who fails to complete his or her assigned duties in a fashion that is ethical, professional and in full support of the FOIL laws.

Any employee of the FOIA Department of the NYPD needs to be well-read and motivated to complete these searches ethically professionally and in a timely fashion without creating unnecessary discourse based on the prior court docket history for NYPD and FOIL.

' Where a government agency seeks to invoke a FOIL exemption such as that afforded by Section 87(2)(e)(i), it bears the burden of showing its denial was justified. See, e.g., New York Times Co. v. New York State Executive Chamber, 56 N.Y.S.3d '


'821, 829 (Sup Ct Albany County 2017). To bear its burden, the agency must specifically identify the records for which the exemption is claimed, along with the risks presented by providing the requested records. Id. at 826. Critically, “[v]ague allegations and/or attorney affirmations alone, will not suffice.” Id. at 823. '

18 U.S.C 242
The agency does not have rights to refusal based on State FOIL Laws.
Deprivation of right(s) under color of the law.
https://www.law.cornell.edu/uscode/text/18/242

/////
End Grounds for Appeal

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

For the NYPD Narcotics division, I was seeking 'records of any kind ' including completed investigations or records of samples or seizures in custody of heroin with the brand stamp ' Breitling'. I ask also seeking records of 'cocaine' identified with the code word 'grape', as well as any information related to Ketamine with the code work (K-love or Caleb)

Years to search: 2007-2013

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,

William Fernandes
/////
End original request.

Closing:
The requester is a journalist and activist who has covered various aspects of governmental operations on both Muckrock.com and Documentcloud.com. As a member of the newsmedia seeking to demystify the operations of government, I would like to respectfully petition your offices to process the request and disclose the documents EFOIA style, I am requesting for you to communicate with me via the portal and or email, and I am requesting that any responsive documents be produced in .pdf format via electronic means.

Request for Fee waiver:
The requester is a member of the news media and regularly disseminates records in relation to the operations of government. I am respectfully petitioning you to waive any processing fees as the disclosure is in the public interest.

Request for Vaughn index or similar style indexing for any records you claim are subject to exemption.

Related News Media about NYPD and its FOIL Struggles, Examples of Public Interest:
'Gov. Kathy Hochul spoke briefly about a seemingly more prosaic matter: reform of New York’s Freedom of Information Law, known as FOIL, a state statute giving members of the public the right to request and obtain records from government agencies.'
https://www.nysfocus.com/2021/09/08/hochul-transparency-foil-reform/

NYCLU Sues NYPD For Still Keeping Full Set Of Disciplinary Databases Away From Public View
https://gothamist.com/news/nyclu-sues-nypd-still-keeping-full-set-disciplinary-databases-away-public-view

Eric Garner’s Mom Says NYC Is Stonewalling Investigation Into His Death
“It’s a slap in the face,” says Gwen Carr about the city holding back court-ordered documents for a judicial inquiry into Garner’s death
https://www.rollingstone.com/politics/politics-news/eric-garner-mother-gwen-carr-daniel-pantaleo-1223100/

The Public Won’t Be Learning More About Eric Adams’s Record As a Cop
https://nymag.com/intelligencer/2021/07/nypd-declines-foil-request-for-adams-disciplinary-records.html

NYPD Loses Appeal to Keep Disciplinary Records Under Lock & Key
Transparency advocates are lauding the outcome of the Second Circuit fight.
https://www.courthousenews.com/nypd-lose-appeal-to-keep-disciplinary-records-under-lock-key/

NYPD Under Fire For Alleged ‘Secret Subpoenas' Issued to Investigate Cops, Civilians
In a document obtained by the I-Team, the department acknowledged issuing more than 217,000 administrative subpoenas from 2010 through the present
https://www.nbcnewyork.com/investigations/nypd-under-fire-for-alleged-secret-subpoenas-issued-to-investigate-cops-civilians/2958687/

Notice of Appeal:
Records Access Appeals Officer
NYC Police Department

Request Number: FOIL-2021-056-14552

Grounds for Appeal:
Radio
10-1
10-2
Defective
Adequacy of Search
The agency has not provided any Custodian of Records declaration which clearly identifies that a member of its agency was tasked and completed the searches for the information requested and had a just reasonable reason for the denial of the request. The search is for any and all records, the agency can ask for the request to be narrowed, but based on the Agency Department subject to search, you can search evidence vouchers, witness statements, closed cases, any searchable media within your custody.
OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE
Penal Law § 195.05
'A person is guilty of Obstructing Governmental Administration in the Second Degree when that person intentionally [obstructs, impairs or perverts the administration of law or other governmental function or] prevents or attempts to prevent a public servant from performing an official function. ' This would include any public servant who fails to complete his or her assigned duties in a fashion that is ethical, professional and in full support of the FOIL laws.

Any employee of the FOIA Department of the NYPD needs to be well-read and motivated to complete these searches ethically professionally and in a timely fashion without creating unnecessary discourse based on the prior court docket history for NYPD and FOIL.

' Where a government agency seeks to invoke a FOIL exemption such as that afforded by Section 87(2)(e)(i), it bears the burden of showing its denial was justified. See, e.g., New York Times Co. v. New York State Executive Chamber, 56 N.Y.S.3d '

'821, 829 (Sup Ct Albany County 2017). To bear its burden, the agency must specifically identify the records for which the exemption is claimed, along with the risks presented by providing the requested records. Id. at 826. Critically, “[v]ague allegations and/or attorney affirmations alone, will not suffice.” Id. at 823. '

18 U.S.C 242
The agency does not have rights to refusal based on State FOIL Laws.
Deprivation of right(s) under color of the law.
https://www.law.cornell.edu/uscode/text/18/242

/////
End Grounds for Appeal

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

For the NYPD Narcotics division, I was seeking 'records of any kind ' including completed investigations or records of samples or seizures in custody of heroin with the brand stamp ' Breitling'. I ask also seeking records of 'cocaine' identified with the code word 'grape', as well as any information related to Ketamine with the code work (K-love or Caleb)

Years to search: 2007-2013

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,

William Fernandes
/////
End original request.

Closing:
The requester is a journalist and activist who has covered various aspects of governmental operations on both Muckrock.com and Documentcloud.com. As a member of the newsmedia seeking to demystify the operations of government, I would like to respectfully petition your offices to process the request and disclose the documents EFOIA style, I am requesting for you to communicate with me via the portal and or email, and I am requesting that any responsive documents be produced in .pdf format via electronic means.

Request for Fee waiver:
The requester is a member of the news media and regularly disseminates records in relation to the operations of government. I am respectfully petitioning you to waive any processing fees as the disclosure is in the public interest.

Request for Vaughn index or similar style indexing for any records you claim are subject to exemption.

Related News Media about NYPD and its FOIL Struggles, Examples of Public Interest:
'Gov. Kathy Hochul spoke briefly about a seemingly more prosaic matter: reform of New York’s Freedom of Information Law, known as FOIL, a state statute giving members of the public the right to request and obtain records from government agencies.'
https://www.nysfocus.com/2021/09/08/hochul-transparency-foil-reform/

NYCLU Sues NYPD For Still Keeping Full Set Of Disciplinary Databases Away From Public View
https://gothamist.com/news/nyclu-sues-nypd-still-keeping-full-set-disciplinary-databases-away-public-view

Eric Garner’s Mom Says NYC Is Stonewalling Investigation Into His Death
“It’s a slap in the face,” says Gwen Carr about the city holding back court-ordered documents for a judicial inquiry into Garner’s death
https://www.rollingstone.com/politics/politics-news/eric-garner-mother-gwen-carr-daniel-pantaleo-1223100/

The Public Won’t Be Learning More About Eric Adams’s Record As a Cop
https://nymag.com/intelligencer/2021/07/nypd-declines-foil-request-for-adams-disciplinary-records.html

NYPD Loses Appeal to Keep Disciplinary Records Under Lock & Key
Transparency advocates are lauding the outcome of the Second Circuit fight.
https://www.courthousenews.com/nypd-lose-appeal-to-keep-disciplinary-records-under-lock-key/

NYPD Under Fire For Alleged ‘Secret Subpoenas' Issued to Investigate Cops, Civilians
In a document obtained by the I-Team, the department acknowledged issuing more than 217,000 administrative subpoenas from 2010 through the present
https://www.nbcnewyork.com/investigations/nypd-under-fire-for-alleged-secret-subpoenas-issued-to-investigate-cops-civilians/2958687/