Personnel and disciplinary records, subjects: Lieutenant Robert Sung and Detective Yatyu Yam
It is a clone of this request.
| Tracking # |
2020-056-08734 |
| Submitted | June 14, 2020 |
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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of the State of New York, the law that prevented disclosure of this material (Civil Rights Law Section 50-a) has been repealed and all such records are now covered by the Freedom of Information Law.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
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:
Not provided
Fax Number:
Not provided
Street Address (line 1):
Not provided
Street Address (line 2):
Not provided
City:
Not provided
State:
Not provided
Zip Code:
Not provided
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)
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 14, 2020. You previously indicated that it would be completed on Oct. 30, 2020. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2020-056-08734.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 14, 2020. You previously indicated that it would be completed on Oct. 30, 2020. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2020-056-08734.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 14, 2020. You previously indicated that it would be completed on Oct. 30, 2020. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2020-056-08734.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 14, 2020. You had previously indicated that it would be completed on Oct. 30, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-08734.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 14, 2020. You had previously indicated that it would be completed on Oct. 30, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-08734.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 14, 2020. You had previously indicated that it would be completed on Oct. 30, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-08734.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 14, 2020. You had previously indicated that it would be completed on Oct. 30, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-08734.
Thanks for your help, and let me know if further clarification is needed.
From: New York City Police Department
The New York City Police Department (NYPD) has responded to your FOIL request FOIL-2020-056-08734 with the following file(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-08734) NOTE: You must be logged in to your OpenRecords account to access the file(s). If you are not logged in, you will be prompted to do so when the link is selected. The file(s) listed below will not be publicly available on the OpenRecords portal.
* Sung 3: Sung_Robert_2016-15216_Redacted.pdf (https://a860-openrecords.nyc.gov/response/1894925)
* Yam 1: PO_Yam_937767-3860.pdf (https://a860-openrecords.nyc.gov/response/1894926)
* Sung 1: Lt._Sung_900667-14864.pdf (https://a860-openrecords.nyc.gov/response/1894927)
* Yam 2: PO_Yam_937767-14863.pdf (https://a860-openrecords.nyc.gov/response/1894928)
* Sung 2: Sung_Robert_2016-15116.pdf (https://a860-openrecords.nyc.gov/response/1894929)
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)
From: New York City Police Department
The New York City Police Department (NYPD) has closed your FOIL request FOIL-2020-056-08734 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-08734)
Your request under the Freedom of Information Law (FOIL) has been fulfilled and the documents you requested have been emailed to you.
You may appeal the decision to deny access to material that was redacted in part or withheld in entirety by contacting the agency's FOIL Appeals Officer: foilappeals@nypd.org within 30 days. (mailto:foilappeals@nypd.org?subject=FOIL-2020-056-08734%20-%20Appeal)
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