Records of people detained in New York beyond 180.80 /170.70 date
| Submitted | May 16, 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) Documents displaying the total number of people incarcerated on felony complaints in New York State, without indictment or commencement of a preliminary hearing, beyond the person’s original CPL 180.80 date (i.e., 144 hours after arrest), including those documents breaking this number down by county and/or city, on any and all dates this information was recorded since March 19, 2020.
(2) Documents displaying the total number of people incarcerated on misdemeanor complaints in New York State, without a converted information, beyond the person’s original CPL 170.70 date (i.e., five days after arraignment), including those documents breaking this number down by county and/or city, on any and all dates this information was recorded since March 19, 2020.
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: 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 May 16, 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,
I am still awaiting a response to this FOIL request. As you know, the response was due on May 22, 2020.
Thank you,
Avinash Samarth
From: New York State Office of Court Administration
We have been working remotely and FOIL requests have been necessarily delayed. I have been communicating with units to determine what exists and can be forwarded electronically to you. I should be able to respond shortly. Even prior to Covid FOIL requests typically required 20 business days to complete.
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From: New York State Office of Court Administration
Dear Mr. Samarth:
Attached please find the existing reports related to the request, for the time period sought. The reports reflect the number of cases statewide, by county or locality, for all felony and misdemeanor matters pending in jail by bail, excluding matters in which bail was set only at $1.00. We do not maintain existing reports that reflect further breakdowns for bail cases without indictment, without preliminary hearings, 180.80 dates, or 170.70 dates. Nor does FOIL require compilation of records or creation of records. See Public Officers Law § 89(3).
To the extent that such case information would be reflected in the court records in the files underlying the individual judicial proceedings, such records are not subject to FOIL. See Public Officers Law § 86. Rather, access to court records is governed by section 255 of the Judiciary Law, and the clerks of the court (or county clerks) where the matters were handled are the custodians of the records. Like FOIL, section 255 does not require the clerk to compile information from individual case files to create records. Section 255 requests instead should identify the specific records sought from a case, and in a manner consistent with the clerk’s record keeping practices (such as a search by case name and docket number), to permit the clerk to conduct a search, determine what responsive records exist, whether such records are subject to public disclosure, and what the requisite search, copy, and certification fees are, consistent with the fee schedules set forth in CPLR Article 80. Additional information regarding access to court records is available at the following link: http://ww2.nycourts.gov/foil/CourtRecords.shtml
Very truly yours,
Shawn Kerby
Assistant Deputy Counsel
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