Bronx DA - Policies and training materials
| Submitted | March 4, 2020 |
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Communications
From: Avinash Samarth
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
(1) Any and all documents or materials used to train assistant district attorneys on C.P.L. § 30.30, including, but not limited to, powerpoint slides and training manuals;
(2) Any and all documents or materials used to train assistant district attorneys on Brady or Giglio requirements, including, but not limited to, powerpoint slides and training manuals;
(3) Any and all documents or materials describing the policy of reviewing, adjudicating, or disciplining prosecutorial misconduct by Bronx assistant district attorneys, as limited to only those documents constituting final policy determinations; and
(4) Any and all documents or materials describing charging policies, including, but not limited to, descriptions of the types of circumstances under which it is appropriate to charge more or less severe violations of the Penal Law or Vehicle and Traffic Law, as limited to only those documents constituting final policy determinations.
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,
Avinash Samarth
From: Bronx County District Attorney's Office
The Bronx District Attorney’s Office has received your request for records pursuant to New York Public Officers Law, Article 6, sections 84 et seq., the
Freedom of Information Law (“FOIL”).
If you have provided us with all of the necessary information needed to process a request, our Office will initiate the process within five business
days. You can expect a determination or update in approximately 60 business days. If we fail to render a determination or provide you with an update by
then, please do not hesitate to contact us. Alternatively, you may appeal a “constructive denial” upon the expiration of 60 business days by writing
to: FOIL Appeals Officer Peter Coddington, Bronx District Attorney’s Office, 198 East 161st Street, Bronx, NY 10451.
If you have not provided sufficient information, our Office will inform you as soon as possible and let you know what additional information we require
to process your request.
Please be advised that each page of documents under FOIL has a $0.25 per-page; $0.50 per color copy; $5.00 per audio cd; and $15.00 per video DVD
copying fee. There is no provision in the Public Officers Law for a waiver of this fee. See Whitehead v. Morgenthau, 146 Misc.2d 806, 807-808 (Sup.
Ct., N.Y. Co. 1990).
Please note that if you are requesting files for purposes of civil litigation, your request will nevertheless be processed in the order in which it was
received. If time is of the essence, it may behoove you to obtain a subpoena signed by the judge presiding over your civil matter.
Thank you for your request and we hope to be of service to you.
From: Bronx County District Attorney's Office
Good afternoon,
Please see attached. Please let me know if you have any questions. Thank you.
Best,
Mabel Jimenez
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From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 4, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 4, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 4, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 4, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 4, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Avinash Samarth
Hello,
This is Avinash Samarth. I served this FOIL request nearly four months ago on March 4, 2020. If there's anything I can do to help narrow the request, please let me know. You can reach me at avinash@nsbcivilrights.com.
Sincerely,
Avinash
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 4, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 4, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 4, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 4, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 4, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 4, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on March 4, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Bronx County District Attorney's Office
Dear Mr. Samarth,
Attached please find the determination letter in response to your request. As explained in the letter, I am also enclosing documents which are in response to your request but are also publicly available. Please let me know if you have any questions. Thank you.
Regards,
[Description: Description: cid:image001.jpg@01D29416.A041E4B0]
Mabel Jimenez
Assistant District Attorney
Office of the District Attorney, Bronx County
Civil Litigation
198 East 161st Street, Bronx, NY 10451
P: (718) 664-2285
E: Jimenezm@bronxda.nyc.gov<mailto:Jimenezm@bronxda.nyc.gov>
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From:
Where do I send the check?
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From: Avinash Samarth
December 13, 2020
BY E-MAIL
Peter Coddington
Bronx County District Attorney's Office
198 East 161st Street
Bronx, NY 10451
RE: Administrative Appeal – FOIL Request
Dear Mr. Coddington:
I write to appeal a partial denial of my Freedom of Information Law (“FOIL”) request to the Bronx County District Attorney's Office ("BXDAO"). On March 4, 2020, I submitted by FOIL request [hereinafter "Request"] to BXDAO, attached to this email. On November 13, 2020, BXDAO responded to my request [hereinafter "Response"], granting access to some documents and denying access to others. BXDAO wrote that the pages to which access is granted would be provided upon payment of $20.50. BXDAO's response is also attached to this email.
I seek administrative review of BXDAO's demand of a fee for electronic documents, as well as all of BXDAO's partial denials.
(I) BXDAO INAPPROPRIATELY DEMANDED A FEE FOR DOCUMENTS IN AN ELECTRONIC FORMAT
BXDAO cannot demand a fee for producing documents in an electronic format, which is the format I requested in my FOIL. As an August 13, 2020 advisory opinion from the Committee on Open Government explains, "an agency may charge fees only for the reproduction of records." Advisory Opinion, COOG (Aug. 13, 2020) at 1. Where "the records requested . . . appear to exist in a format other than paper records or paper records in excess of nine by fourteen inches," then § 87(1)(c) of FOIL states that "no fee shall be charged unless at least two hours of agency employee time is needed to prepare a copy of the records requested." Id. at 2. Where records "already exist in an electronic format," there is no need to scan or otherwise prepare a copy of the records---let alone take more than two hours doing so. Id. Here, the records only need to be emailed to me; therefore, BXDAO cannot assess a fee for their disclosure.
The Committee on Open Government's August 13, 2020 advisory opinion is also attached to this email.
(II) BXDAO INAPPROPRIATELY WITHHELD DOCUMENTS
I seek review of all of BXDAO's partial denials. BXDAO made a number of errors, including, without limitation that BXDAO inappropriately applied the "intra-agency" or "inter-agency" FOIL exemption. The training documents I sought, amongst other materials, constitute "final agency policy or determinations," and therefore do not fall under this FOIL exemption. N.Y. Pub. Off. § 87(2)(g)(iii). Moreover, they are also instructions to staff that affect the public and therefore do not fall under this FOIL exemption. N.Y. Pub. Off. § 87(2)(g)(ii). These documents relate to final BXDAO policies on which assistant district attorneys are trained, for use in their criminal prosecutions of members of the public, regarding: C.P.L. § 30.30; Brady/Giglio requirements; prosecutorial misconduct; and charging decisions.
In addition, I request that all withheld documents be reasonably described and listed in a privilege log. I also request that you send your responses to this administrative appeal by email. I look forward to your response within ten business days.
Thank you for your assistance.
Sincerely,
Avi Samarth
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From: Bronx County District Attorney's Office
Dear Mr. Samarth,
On behalf of ADA Peter D. Coddington, FOIL Appeals Officer, I attach a determination of your appeal, dated December 13, 2020.
Sincerely,
Samuel L. Yellen
[BXseal100px]
Samuel L. Yellen
Assistant District Attorney
Office of the Bronx County District Attorney
198 E. 161st St.
Bronx, New York 10451
(718) 838-6135
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From: Bronx County District Attorney's Office
Good morning,
Attached please find the enclosed document letter with the documents responsive to your request. Please feel free to contact me with any questions. Thank you for your time and patience during these difficult times.
Best,
Mabel
[Description: Description: cid:image001.jpg@01D29416.A041E4B0]
Mabel Jimenez
Assistant District Attorney
Office of the District Attorney, Bronx County
Civil Litigation
198 East 161st Street, Bronx, NY 10451
P: (718) 664-2285
E: Jimenezm@bronxda.nyc.gov<mailto:Jimenezm@bronxda.nyc.gov>
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