Personnel and disciplinary records, subjects: Lieutenant Robert Sung and Detective Yatyu Yam

T. McElwee filed this request with the New York City Police Department of New York City, NY .
Tracking #

2020-056-08734

Due June 19, 2020
Est. Completion Oct. 30, 2020
Status
Awaiting Response

Communications

From: T. McElwee


To Whom It May Concern:

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

All police disciplinary records pertaining to or mentioning the names two NYPD personnel of the 109th Precinct who were arrested by Internal Affairs in 2015:

Lieutenant Robert Sung
Detective Yatyu Yam

Divisions that may hold responsive records include Internal Affairs, Department Advocate's Office and Employment Management; however, any record used to evaluate performance toward the subject's continued employment or promotion should be considered responsive.

It is the requesting party's understanding that pursuant to legislation signed by the Governor of the State of New York, the law that prevented disclosure of this material (Civil Rights Law Section 50-a) has been repealed and all such records are now covered by the Freedom of Information Law.

In accordance with the Freedom of Information Law as it has been amended by aforementioned legislation, records that may be released include "the complaints, allegations, and charges against an employee; the name of the employee complained of or charged; the transcript of any disciplinary trial or hearing, including any exhibits introduced at such trial or hearing; the disposition of any disciplinary proceeding; and the final written opinion or memorandum supporting the disposition and discipline imposed including the agency's complete factual findings and its analysis of the conduct and appropriate discipline of the covered employee."

Under the standard set by multiple court rulings, Freedom of Information Law uses a "balancing test" method of weighing privacy interests favoring redaction/denial vs. the public interest in disclosure. This matter is of clear public interest for the following reasons: the case was extensively covered by local media, including several newspapers and websites, as it involved sensational charges of a protection racket perpetrated by the two named persons.

The two named parties in fact pled guilty to lesser charges without jail time. In fact, in the case of Yatyu Yam, his attorney Jeffrey Lichtman feels proud enough of the disposition his client received to mention this in the website that advertises his services (please see attachment). The gap between the conduct detailed in the case as presented to the media and the relatively light sentence merit disclosure.

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

  • DonE28099t20Let20Prosecutors20Or20Law20Enforcement20Officers20Cheat20You_20Fighting.pdf

From: New York City Police Department

Your request FOIL-2020-056-08734 has been successfully submitted to the New York City Police Department (NYPD).
The details of your request are shown below.

Request Type: Other Request


Attached File: DonE28099t20Let20Prosecutors20Or20Law20Enforcement20Officers20Cheat20You_20Fighting.pdf: DonE28099t20Let20Prosecutors20Or20Law20Enforcement20Officers20Cheat20You_20Fighting.pdf (https://a860-openrecords.nyc.gov/response/1069075)


Requester's Contact Information



Name:
T. Mcelwee

Title:
Not provided

Organization:
Not provided

Email:
requests@muckrock.com (mailto:requests@muckrock.com)

Phone Number:
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Fax Number:
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Street Address (line 1):
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Street Address (line 2):
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City:
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State:
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Zip Code:
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You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-08734. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-08734)

From: New York City Police Department

The New York City Police Department (NYPD) has acknowledged your FOIL request FOIL-2020-056-08734. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-08734) You can expect a response on or about Friday, October 30, 2020.
Additional Information:
Your request has been assigned to Detective Halk (646-610-6449). Note: Due to issues caused by the COVID-19 pandemic there may be extensive delays, lasting up to one year, in determining your request.

Please visit FOIL-2020-056-08734 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-08734)

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  • DonE28099t20Let20Prosecutors20Or20Law20Enforcement20Officers20Cheat20You_20Fighting.pdf