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Nondisclosure Of Prosecutor's Investigative Notes Reversed, Remanded For Inspection To Determine Merit
New York State pro se prisoner Hector Chebere appealed a 2002 court order denying the production of notes containing a witness statement made prior to his conviction. The court reversed and remanded for an in camera inspection to assess the denial's merit.
Two years after Chebere's request for the note's production the public officers declined production which prompted the action to compel. The court denied his action reasoning that exemption from disclosure applied under the State Freedom of Information Law. One exemption was for the endangerment of life and safety, the other for the protection of witness statements made to prosecutors.
On appeal, the First Department Appellate Division for the Supreme Court of New York held that since trial counsel had been provided the requested documents, Chebere had a right to access them even if he showed no real need. The court further held that there was no greater endangerment issues because Chebere and his co-defendants already knew the witness in question. See: In re Chebere v. Johnson, 3 A.D.3d 365, 770 N.Y.S.2d 357 (N.Y. App. 2004).
Two years after Chebere's request for the note's production the public officers declined production which prompted the action to compel. The court denied his action reasoning that exemption from disclosure applied under the State Freedom of Information Law. One exemption was for the endangerment of life and safety, the other for the protection of witness statements made to prosecutors.
On appeal, the First Department Appellate Division for the Supreme Court of New York held that since trial counsel had been provided the requested documents, Chebere had a right to access them even if he showed no real need. The court further held that there was no greater endangerment issues because Chebere and his co-defendants already knew the witness in question. See: In re Chebere v. Johnson, 3 A.D.3d 365, 770 N.Y.S.2d 357 (N.Y. App. 2004).
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Related legal case
In re Chebere v. Johnson
| Year | 2004 |
|---|---|
| Cite | 3 A.D.3d 365, 770 N.Y.S.2d 357 (N.Y. App. 2004) |
| Level | State Court of Appeals |
| Injunction Status | N/A |