An appeals court has ruled that under the state’s freedom of information law New York City’s police department must turn over to a media organization its records in a traffic accident case, saying its “blanket denial … fell short of meeting its admittedly low burden” of showing a “particularized justification” that the release may interfere with judicial proceedings.

The “NYPD has a burden of showing a particularized justification for withholding the records … pursuant to the interference exemption” to the state Freedom of Information Act, or FOIL, wrote an Appellate Division, First Department panel that considered The Jewish Press Inc.’s appeal of a lower-court judge’s denial of a petition aiming to force the police to turn over records. According to the 2019 petition in the matter, The Jewish Press has been seeking police records on the accident such as notes, witness statements and perhaps video surveillance.

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