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MATTER OF ESPOSITO v. RICE

2009-03608.

67 A.D.3d 797 (2009)

888 N.Y.S.2d 178

2009 NY Slip Op 08227

In the Matter of ANGELO ESPOSITO, Appellant, v. KATHLEEN RICE, Nassau County District Attorney, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 10, 2009.

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner sought disclosure under the Freedom of Information Law (Public Officers Law § 84 et seq.) (hereinafter FOIL) of any statements to law enforcement officers made by a person who did not offer testimony at the petitioner's criminal trial. Inasmuch as "the statements of nontestifying witnesses are confidential and not disclosable under FOIL" (Matter of Johnson v Hynes...

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