Fappiano v. New York City Police Dep't, 747 N.E.2d 1286 (N.Y. 2001). · Go Syfert
Fappiano v. New York City Police Dep't, 747 N.E.2d 1286 (N.Y. 2001). Cases Citing This Book View Copy Cite
69 citation events (69 in the last 25 years) across 8 distinct courts.
Strongest positive: Burke v. Dollar Tree Stores, Inc. (nywd, 2022-02-22)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
examined Cited as authority (quoted) Burke v. Dollar Tree Stores, Inc. (3×) also: Cited as authority (rule)
W.D.N.Y. · 2022 · quote attribution · 1 verbatim quote · confidence low
civil rights law 50-b(1) prohibits disclosure by a government employee of any portion of a police report, court file or other document which tends to identify the victim of a sex crime.
discussed Cited as authority (rule) NYP Holdings, Inc. v. Metropolitan Transp. Auth.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Thus, “[a]ll government records are presumptively open for public inspection unless specifically exempted from disclosure as provided in the Public Officers Law” (Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]). “[T]he party seeking an exemption from disclosure has the burden of proving entitlement to the exemption” (Mulgrew, 87 AD3d at 507 ).
cited Cited as authority (rule) Legal Aid Socy., Inc. v. City of New York Police Dept.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
“All government records are presumptively open for public inspection unless specifically exempted” (Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]).
discussed Cited as authority (rule) Burke v. Dollar Tree Stores, Inc.
W.D.N.Y. · 2022 · confidence medium
Police Dep’t, 95 N.Y.2d 738, 744 , 747 N.E.2d 1286, 1288 (2001) (“Civil Rights Law § 50-b(1) prohibits disclosure by a government employee of any portion of a police report, court file[,] or other document which tends to identify the victim of a sex crime.” (emphasis added)); Doe v. N.Y.
discussed Cited as authority (rule) Matter of Tatko v. Village of Granville
N.Y. App. Div. · 2022 · confidence medium
Respondents complied with petitioner's second request by providing him with the demanded "list of all individuals who returned an absentee ballot," and his present argument that other, unrequested information should have also been disclosed is not properly before us ( see Matter of Fappiano v New York City Police Dept. , 95 NY2d 738, 749 [2001]).
discussed Cited as authority (rule) Matter of Jewish Press, Inc. v. New York City Police Dept.
N.Y. App. Div. · 2021 · confidence medium
"All government records are presumptively open for public inspection unless specifically exempted from disclosure as provided in the Public Officers Law" (Matter of Fappiano v New York City Police Dept. , 95 NY2d 738, 746 [2001]).
discussed Cited as authority (rule) Matter of Jewish Press, Inc. v. New York City Police Dept.
N.Y. App. Div. · 2021 · confidence medium
"All government records are presumptively open for public inspection unless specifically exempted from disclosure as provided in the Public Officers Law" (Matter of Fappiano v New York City Police Dept. , 95 NY2d 738, 746 [2001]).
discussed Cited as authority (rule) Matter of Cordero v. District Attorney of Erie County
N.Y. App. Div. · 2020 · confidence medium
Contrary to petitioner's contention, the requested materials are exempt from disclosure pursuant to Civil Rights Law § 50-b (1), which provides that "[n]o report, paper, picture, photograph, court file or other documents, in the custody or possession of any public officer or employee, which identifies . . . a victim [of a sex offense defined by Penal Law article 130] shall be made available for public inspection." This exemption applies regardless of petitioner's contention that he requires the material to support his application for postconviction relief ( see Matter of Fappiano v New York C…
cited Cited as authority (rule) Roman v. McKoy
W.D.N.Y. · 2020 · confidence medium
On this point, the Reply cites Fappiano v. New York City Police Dept., 95 N.Y.2d 738, 747 (2001).
discussed Cited as authority (rule) Matter of Carty v. New York City Police Dept.
N.Y. App. Div. · 2018 · confidence medium
This proceeding is moot as to records responsive to petitioner's FOIL request that respondent has already disclosed to petitioner ( see Matter of Fappiano v New York City Police Dept. , 95 NY2d 738, 749 [2001]).
discussed Cited as authority (rule) Matter of Pamela A. Madeiros v. New York State Education Department
NY · 2017 · confidence medium
Pursuant to this provision, an agency may deny public access to records or portions thereof that, as relevant here, "are compiled for law enforcement purposes and which, if disclosed, would" either "interfere with law enforcement investigations or judicial proceedings" (subdivision [i]) or "reveal criminal investigative techniques or procedures, except routine techniques and particular documents is rendered academic (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 749 [2001]). - 6 - - 7 - No. 90 procedures" (subdivision [iv]).
discussed Cited as authority (rule) Matter of Pasek v. New York State Dept. of Health
N.Y. App. Div. · 2017 · confidence medium
Supreme Court observed that respondents provided petitioner with a copy of the statement of deficiencies and plan of correction containing a *1252 complete statement of deficiencies, and any challenges to the failure to provide that portion of the document earlier are academic (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 749 [2001]). 2 .
discussed Cited as authority (rule) Matter of Xao He Lu v. New York City Police Dept.
N.Y. App. Div. · 2016 · confidence medium
Hunter, Jr., J.), entered June 23, 2015, denying the petition seeking to compel respondent to disclose records of interviews of one of the two victims of a crime pursuant to the Freedom of Information Law (FOIL), and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs. *617 Respondent met its burden to justify withholding the documents pursuant to a state statute (Public Officers Law § 87 [2] [a]), by affirming that both of the responsive documents located through a diligent search refer to the victim of a sex offense by name, thereby demonstrati…
discussed Cited as authority (rule) Jacobson v. Ithaca City School District
N.Y. Sup. Ct. · 2016 · confidence medium
ICSD’s argument that petitioner’s request for videos is academic, because he may be able to obtain them from other sources, is unavailing, inasmuch as ICSD does not aver, and petitioner does not admit, that he actually possesses copies of the relevant video recordings (cf. Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 749 [2001]; Matter of Madeiros v New York State Educ.
discussed Cited as authority (rule) Matter of Mazza v. Village of Croton-on-Hudson
N.Y. App. Div. · 2016 · confidence medium
If a requested document does not contain information that tends to identify the victim of a sex crime, and the FOIL request is otherwise valid, the document must be disclosed” (Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 748 [2001]).
discussed Cited as authority (rule) Matter of Madeiros v. New York State Education Department
N.Y. App. Div. · 2015 · confidence medium
Turning to the documents themselves, petitioner does not dispute that she has obtained unredacted copies of almost 20 of the produced pages from another source, rendering academic a good portion of the relief she seeks (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 749 [2001]; Matter of Moore v Santucci, 151 AD2d 677, 678 [1989]).
discussed Cited as authority (rule) Matter of Baez v. Brown
N.Y. App. Div. · 2015 · confidence medium
Corp., 13 NY3d 882, 885 [2009]; Matter of Data Tree, LLC v Romaine, 9 NY3d 454, 462-463 [2007]; Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]; Matter of Verizon N.Y., Inc. v Mills, 60 AD3d 958, 959 [2009]).
discussed Cited as authority (rule) Matter of Jaronczyk v. Mangano
N.Y. App. Div. · 2014 · confidence medium
Corp., 13 NY3d 882, 885 [2009]; Matter of Data Tree, LLC v Romaine, 9 NY3d 454, 462-463 [2007]; Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]; Matter of Verizon N.Y., Inc. v Mills, 60 AD3d 958, 959 [2009]).
discussed Cited as authority (rule) Karimzada v. O'Mara (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2013 · confidence medium
All government records are presumptively available to the public pursuant to FOIL, and the agency seeking to prevent disclosure bears the burden of articulating a specific justification to deny access (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]; Matter of MacKenzie v Seiden, 106 AD3d 1140, 1141 [2013]; Matter of Edwards v New York State Police, 44 AD3d 1216, 1216 [2007]).
discussed Cited as authority (rule) Karimzada v. O'Mara (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2013 · confidence medium
All government records are presumptively available to the public pursuant to FOIL, and the agency seeking to prevent disclosure bears the burden of articulating a specific justification to deny access (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]; Matter of MacKenzie v Seiden, 106 AD3d 1140, 1141 [2013]; Matter of Edwards v New York State Police, 44 AD3d 1216, 1216 [2007]).
discussed Cited as authority (rule) MacKenzie v. Seiden (2×) also: Cited "see"
N.Y. App. Div. · 2013 · confidence medium
Turning to the merits, we note that under FOIL, government records are presumptively entitled to inspection unless subject to a statutory exemption (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]; Matter of Capital Newspapers Div. of Hearst Corp. v Burns, 67 NY2d 562, 566 [1986]).
discussed Cited as authority (rule) MacKenzie v. Seiden (2×) also: Cited "see"
N.Y. App. Div. · 2013 · confidence medium
Turning to the merits, we note that under FOIL, government records are presumptively entitled to inspection unless subject to a statutory exemption (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]; Matter of Capital Newspapers Div. of Hearst Corp. v Burns, 67 NY2d 562, 566 [1986]).
discussed Cited as authority (rule) Thomas v. Department of Education
N.Y. App. Div. · 2013 · confidence medium
Records will be made available to interested parties in accordance with the provisions of the New York State Freedom of Information Law (Public Officers Law Sections 84-89).” Pursuant to FOIL, government records are presumptively available to the public unless they are statutorily exempted by Public Officers Law § 87 (2) (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]).
discussed Cited as authority (rule) Thomas v. Department of Education
N.Y. App. Div. · 2013 · confidence medium
Records will be made available to interested parties in accordance with the provisions of the New York State Freedom of Information Law (Public Officers Law Sections 84-89).” Pursuant to FOIL, government records are presumptively available to the public unless they are statutorily exempted by Public Officers Law § 87 (2) (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]).
discussed Cited as authority (rule) Bellamy v. New York City Police Department
N.Y. App. Div. · 2011 · confidence medium
Respondent failed to meet its burden of establishing that the documents at issue fall within an exemption from disclosure as provided in Public Officers Law § 87 (2) (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]; Matter of O’Donnell v Donadio, 259 AD2d 251, 252 [1999], lv dismissed 93 NY2d 1032 [1999]).
discussed Cited as authority (rule) Whitfield v. Bailey
N.Y. App. Div. · 2011 · confidence medium
In any event, it. is without merit, as is petitioner’s contention that there was no basis to deny his FOIL request because Doyle pleaded guilty in open court and therefore the records connected to his subsequent incarceration are “public property.” Pursuant to FOIL, government records are presumptively available to the public unless they are statutorily exempted by Public Officers Law § 87 (2) (Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]).
discussed Cited as authority (rule) Rhino Assets v. New York City Department for the Aging (SCRIE Programs)
N.Y. App. Div. · 2009 · confidence medium
Therefore, the fact that petitioners already know the identities of the subjects of the FOIL requests is irrelevant in assessing privacy concerns generated by the requests (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 748 [2001]).
discussed Cited as authority (rule) Edwards v. New York State Police
N.Y. App. Div. · 2007 · confidence medium
Pursuant to FOIL, government records are presumptively available to the public unless they are statutorily exempted by Public Officers Law § 87 (2) (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]; Matter of Grajales v Lungen, 15 AD3d 789, 790 [2005], lv denied 5 NY3d 704 [2005]).
discussed Cited as authority (rule) Riley-James v. Soares
N.Y. App. Div. · 2006 · confidence medium
Pursuant to FOIL, government documents are presumptively available for inspection and copying unless they are statutorily exempt by Public Officers Law § 87 (2) (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]).
discussed Cited as authority (rule) Tonia E.-A. v. Kathleen K.
N.Y. Sup. Ct. · 2006 · confidence medium
“The original goal of Civil Rights Law § 50-b, which is to protect the privacy of sex crime victims, cannot be negated by a litigant’s assertion that he knows the identity of the victim.” (Fappiano v New York City Police Dept., supra at 748 [citations omitted].) This is a totally different type of case.
discussed Cited as authority (rule) Stein v. New York State Department of Transportation
N.Y. App. Div. · 2006 · confidence medium
Under Public Officers Law § 87 (2), all agency records are open to the public unless specifically exempted by statute (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]; Matter of Newsday, Inc. v State Dept. of Transp., 10 AD3d 201, 203 [2004], affd 5 NY3d 84 [2005]).
discussed Cited as authority (rule) Newsday Inc. v. State Department of Transportation
N.Y. App. Div. · 2004 · confidence medium
Pursuant to FOIL, all agency records are presumptively open to the public absent a specific exemption from disclosure under Public Officers Law § 87 (2) (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]; Matter of Beyah v Goord, 309 AD2d 1049, 1049 [2003]).
discussed Cited as authority (rule) Morgan v. New York State Department of Environmental Conservation
N.Y. App. Div. · 2004 · confidence medium
All government documents are presumptively open for public inspection unless specifically exempted from disclosure by the Public Officers Law (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]).
discussed Cited as authority (rule) Doe v. Bellmore-Merrick Central High School District
N.Y. Sup. Ct. · 2003 · confidence medium
Civil Rights Law § 50-b does not justify a blanket denial of a request for any documents relating to a sex crime but is limited only to documents “that tend[ ] to identify the victim of a sex crime” (Fappiano v New York City Police Dept., 95 NY2d 738, 748 [2001]).
discussed Cited as authority (rule) Beyah v. Goord
N.Y. App. Div. · 2003 · confidence medium
Under FOIL, agency records are presumptively available for public inspection and copying unless the requested documents fall within one of the exemptions set forth in Public Officers Law § 87 (2) (see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]; Matter of Gould v New York City Police Dept., 89 NY2d 267, 274-275 [1996]; Matter of Capital Newspapers Div. of Hearst Corp. v Burns, 67 NY2d 562, 566 [1986]).
discussed Cited as authority (rule) City of Newark v. Law Department
N.Y. App. Div. · 2003 · confidence medium
Under FOIL, “[a] 11 government records are presumptively open for public inspection unless specifically exempted from disclosure as provided in the Public Officers Law” (Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]).
discussed Cited "see" The Matter of Jesse Friedman v. Kathleen M. Rice
NY · 2017 · signal: see · confidence high
Accordingly, I would affirm the Appellate Division order to the extent that it denied so much of the petition as sought disclosure under FOIL of documents other than those provided by the District Attorney to the Advisory Panel (see 134 AD3d at 831 ; see generally Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 749 [2001]).
discussed Cited "see" Friedman v. Rice (2×)
nycterr · 2017 · signal: see · confidence high
Accordingly, I would affirm the Appellate Division order to the extent that it denied so much of the petition as sought disclosure under FOIL of documents other than those provided by the District Attorney to the Advisory Panel ( see 134 A.D.3d 826 , 831, 20 N.Y.S.3d 600 [2015] ; see generally Matter of Fappiano v. New York City Police Dept., 95 N.Y.2d 738 , 749, 724 N.Y.S.2d 685 , 747 N.E.2d 1286 [2001] ).
discussed Cited "see" Matter of Police Benevolent Association of New York State, Inc. v. State of New York
N.Y. App. Div. · 2016 · signal: see · confidence high
“Under FOIL, agency records are presumptively available for public inspection, without regard to the need or purpose of the applicant, unless the requested documents fall within one of the exemptions set forth in Public Officers Law § 87 (2)” (Matter of Aurigemma v New York State Dept. of Taxation & Fin., 128 AD3d 1235, 1236-1237 [2015] [internal quotation marks and citations omitted]; see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]; Matter of Johnson v Annucci, 138 AD3d 1361, 1362 [2016], lv denied 27 NY3d 911 [2016]).
discussed Cited "see" New York Ass'n of Homes & Services for the Aging, Inc. v. Novello
N.Y. App. Div. · 2004 · signal: see · confidence high
It is well settled that “all agency records are presumptively open to the public absent a specific exemption from disclosure under Public Officers Law § 87 (2)” (Matter of Newsday v State Dept. of Transp., 10 AD3d 201, 203 [2004], lv granted 3 NY3d 610 [2004]; see Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]).
discussed Cited "see, e.g." Matter of Friedman v. Rice
N.Y. App. Div. · 2015 · signal: see also · confidence medium
The Court of Appeals held that those investigatory records were not categorically exempt from disclosure under FOIL (see id. at 275-276 ), and that the respondent had to make the appropriate particularized showing that the claimed exemption applied (see id. at 275 ; see also Matter of Fappiano v New York City Police Dept., 95 NY2d 738, 746 [2001]).
Retrieving the full opinion text from the archive…
In the Matter of Scott Fappiano
v.
New York City Police Department, Appellant In the Matter of Ceasar Stapleton v. Karen A. Pakstis, as Assistant Commissioner Records Access Officer, New York City Police Department, Appellants In the Matter of Charles Doyen v. James W. McMahon, as Superintendent of the New York State Police
New York Court of Appeals.
Mar 27, 2001.
747 N.E.2d 1286
POINTS OF COUNSEL, Michael D. Hess, Corporation Counsel of New York City (Kristin M. Helmers, Pamela Seider Dolgow, Francis F. Caputo, William Tesler and Doram Tamari of counsel), for appellant in the first above-entitled proceeding., Scott Fappiano, respondent pro se in the first above-entitled, proceeding., Michael D. Hess, Corporation Counsel of New York City (Kristin M. Helmers, Leonard Koerner, William Tesler and Doram Tamari of counsel), for appellants in the second above-entitled proceeding., Eliot Spitzer, Attorney General, Albany (Frank Brady, Preeta D. Bansal, Daniel Smirlock and Nancy A. Spiegel of counsel), for appellant in the third above-entitled proceeding., Charles Doyen, respondent pro se in the third above-entitled proceeding., Steven B. Wasserman, New York City, for Legal Aid Society, amicus curiae in the first and third above-entitled proceedings.
Ciparick.
Cited by 51 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: W.D. New York (1)

OPINION OF THE COURT

Ciparick, J.

Petitioners in these three appeals each seek to compel the respondent police departments to comply with their Freedom of Information Law (FOIL) requests for records pertaining to the sex crimes for which they were convicted. Petitioners requested the documents for use in collateral review of their convictions. The police departments, citing Civil Rights Law § 50-b (1), refused the requests in their entirety. Civil Rights Law § 50-b (1) prohibits disclosure by a government employee of any portion of a police report, court file or other document which tends to identify the victim of a sex crime. Petitioners commenced CPLR article 78 proceedings to compel the police departments to comply with their requests arguing that, although section 50-b (1) bars disclosure of information that tends to identify the victim of a sex crime, the exception in section 50-b (2) (a) allowing disclosure to persons “charged” with a sex offense applied to them. The Appellate Division panels have concluded that the term “charged” should be read to apply to the petitioners. We disagree and now reverse.

Matter of Fappiano

In 1985, Scott Fappiano was convicted in Supreme Court of rape, sodomy, sexual abuse and burglary. Fappiano challenged his conviction in a CPL article 440 motion which Supreme Court denied (People v Fappiano, 134 Misc 2d 693). The Appel[*745] late Division affirmed the conviction as well as denial of the CPL article 440 motion (People v Fappiano, 139 AD2d 524, lv denied 72 NY2d 918). In March 1994, Fappiano made a FOIL request to the New York City Police Department for 25 categories of police reports pertaining to his case, which the Police Department denied. Fappiano commenced the present article 78 proceeding to compel disclosure. He allegedly seeks these documents in order to file a federal habeas corpus petition. Supreme Court ordered disclosure of the documents and the Appellate Division affirmed, concluding that the petitioner was similarly situated to a person charged with a crime.

Matter of Stapleton

Ceasar Stapleton was convicted in Supreme Court of rape, sodomy and assault in 1988. His conviction was affirmed on appeal (204 AD2d 580, lv denied 84 NY2d 872). Stapleton made three applications for a writ of error coram nobis, which were denied, as well as three unsuccessful CPL article 440 motions. Most recently, Stapleton petitioned in federal court for a writ of habeas corpus. Although an evidentiary hearing is pending, the federal court has summarily denied all but one of Staple-ton’s claims of error at his trial (Stapleton v Greiner, 2000 US Dist LEXIS 11879, 2000 WL 1207259). Stapleton made his FOIL request to the New York City Police Department in August 1996, seeking nine categories of reports. The Police Department denied the request under Civil Rights Law § 50-b (1). However, Stapleton made another, contemporaneous FOIL request to the District Attorney’s Office seeking substantially the same material, and the District Attorney complied. Staple-ton brought the present article 78 proceeding to compel the Police Department to disclose its records. He claims they are relevant to the issues raised in his CPL article 440 and federal habeas corpus proceedings. The Supreme Court ordered the Police Department to deliver the records and the Appellate Division, citing its decision in Fappiano, affirmed.

Matter of Doyen

In 1987, Charles Doyen was convicted in County Court of sodomy and kidnapping. The Appellate Division affirmed the sodomy conviction and reversed the kidnapping conviction (People v Doyen, 155 AD2d 894, lv denied 75 NY2d 769). In 1998, Doyen requested 13 categories of documents from the New York State Police pertaining to his investigation and arrest. Citing Civil Rights Law § 50-b (1), the police denied the request, and Doyen commenced a CPLR article 78 proceeding[*746] to compel disclosure. Supreme Court dismissed the petition for lack of subject matter jurisdiction. In reinstating the petition, the Appellate Division concluded that petitioner was similarly-situated to a person charged with a crime and, furthermore, that the legislative history of Civil Rights Law § 50-b revealed an intent to treat post-conviction litigants the same as those who have merely been charged.

Discussion

All government records are presumptively open for public inspection unless specifically exempted from disclosure as provided in the Public Officers Law (Public Officers Law § 87 [2]; Matter of Gould v New York City Police Dept., 89 NY2d 267). In Gould, the FOIL petitioners, one of whom was convicted of a sex crime, sought to obtain complaint follow-up reports (DD-5’s) and other records for which the police claimed a blanket “intra-agency” exemption. We rejected the claim and remitted the cases for a particularized showing as to whether any exemption applied, noting that exemptions must be narrowly construed and the burden rests on the government agency to show that requested material qualifies for exemption (Gould, supra, 89 NY2d, at 275).

As relevant here, Public Officers Law § 87 (2) (a) limits disclosure of documents specifically exempted by state or federal statute. Respondent police departments rely on the following statutory exemption contained in Civil Rights Law § 50-b (1):

“[t]he identity of any victim of a sex offense * * * shall be confidential. No report, paper, picture, photograph, court file or other documents * * * which identifies such a victim shall be made available for public inspection. No such public officer or employee shall disclose any portion of any police report, court file, or other document, which tends to identify such a victim except as provided in subdivision two of this section.”

Petitioners, by contrast, rely on subdivision (2), which states that:

“The provisions of subdivision one of this section shall not be construed to prohibit disclosure to:
“a. Any person charged with commission of an offense * * * against the same victim.”

[*747] Petitioners assert that they are entitled to disclosure of the requested materials under Civil Rights Law § 50-b (2) (a) in order to prepare for collateral review of their convictions to the same extent as a defendant facing trial. In each of these cases, the Appellate Division agreed, stating that the petitioners were similarly situated to a person charged with a crime and seeking documents to mount a defense. The use of the term “charged,” however, in the exception at Civil Rights Law § 50-b (2) (a), puts the petitioners, already convicted, outside the scope of the statute.

Statutory interpretation requires that words be given their natural and obvious meaning. The exception in Civil Rights Law § 50-b (2) (a) applies to a person “charged” with a crime. A person charged with a crime is distinctly different from one who has already been convicted. A person charged with a crime, unlike a convicted person, enjoys a presumption of innocence, the right to counsel, the right to a jury trial and, significantly in the present context, the right to confront one’s accuser. A person charged with a crime thus cannot be equated with a convicted person for purposes of Civil Rights Law § 50-b.

Nor does the legislative history support petitioners’ interpretation of the statute. While it is true that the sponsor’s Memorandum in Support at one point refers to the individual to whom the exception applies as a “defendant,” the same sentence states that the defendant in question is one involved at the “investigation and prosecution” stage of a sex crime (see, Mem of Senator Stafford, 1979 NY Legis Ann, at 383). The memorandum does not address the statute’s application in a post-conviction setting. In any event, given that a CPL article 440 movant is sometimes referred to as a defendant whereas a habeas corpus petitioner typically is not, it is far from clear that the term “defendant” would adequately cover all convicted persons seeking documents for collateral review of their convictions.

Reading the sponsor’s memorandum further, the sole justification given for providing the exception in section 50-b (2) (a) is to “protect!] the rights of the accused to confront witnesses against him” (id., at 384). Because the constitutionally guaranteed right of confrontation was the sole reason given by the Legislature for access under section 50-b (2) (a), we may not now read that provision to provide identical rights in the context of CPL article 440 motions and federal habeas corpus review, which are not of constitutional dimension (see, People v Gersewitz, 294 NY 163; 28 USC § 2254). While post-conviction[*748] litigants might consider their need for documents as compelling as those of defendants facing trial, such a fundamental change to the scope of the statute lies within the purview of the Legislature (Matter of Raritan Dev. Corp. v Silva, 91 NY2d 98, 107).

Nor does the fact that petitioners already know the identity of their victims provide a basis for disclosure. The original goal of Civil Rights Law § 50-b, which is to protect the privacy of sex crime victims, cannot be negated by a litigant’s assertion that he knows the identity of the victim (see, Matter of John P. v Whalen, 54 NY2d 89; Matter of Newsday, Inc. v Sise, 71 NY2d 146). As we stated in Matter of John P., “the standing of one who seeks access to records under the Freedom of Information Law is as a member of the public” (54 NY2d, at 98). Thus, we conclude that the petitioners do not fit within the exception for persons charged in Civil Rights Law § 50-b (2) (a) and must be treated in the same manner as any other person seeking access to these records.*

Notwithstanding our holding, we conclude that respondent police departments did not meet their burden of showing that the statutory privilege of Civil Rights Law § 50-b applies to all of the records that petitioners seek (Matter of Gould v New York City Police Dept., 89 NY2d 267, supra). Although Civil Rights Law § 50-b shields documents containing information that tends to identify the victim of a sex crime, the police departments here made no attempt to show that each requested document contained identifying information. While Civil Rights Law § 50-c mandates caution by imposing civil liability upon governmental entities that disclose the identity of a sex crime victim in violation of section 50-b, that fact does not justify a blanket denial of a request for any documents relating to a sex crime. If a requested document does not contain information that tends to identify the victim of a sex crime, and the FOIL request is otherwise valid, the document must be disclosed. In those cases where there is a legitimate dispute as to whether the information contained in any given document tends to identify the victim, the police still bear the burden of making a particularized showing as to why it should not be disclosed (see, Matter of Fink v Lefkowitz, 47 NY2d 567, 571).

[*749] Finally, Ceasar Stapleton’s petition should be dismissed. In an affirmation Stapleton conceded that he had received “most” of the documents he requested from the New York City Police Department by means of another, contemporaneous FOIL request to the District Attorney’s Office. In his CPLR article 78 proceeding, Stapleton sought primarily to compel disclosure of “serial numbers” or “lot numbers” of photographs introduced into evidence at his criminal trial. However, Staple-ton did not request either serial numbers or lot numbers of photographs in his FOIL request to the NYPD. Stapleton received the documents requested in the subject NYPD FOIL request from the District Attorney’s Office. Thus, the relief sought here is academic. The lot numbers requested are not here discoverable since they were not originally requested from the police (Matter of Moore v Santucci, 151 AD2d 677).

Accordingly, in Stapleton, the order of the Appellate Division should be reversed, without costs, and the petition dismissed. In Fappiano and Doyen, the orders of the Appellate Division should be reversed, without costs, and the matters remitted to Supreme Court for further proceedings in accordance with this opinion. In Fappiano, the certified question need not be answered as it is unnecessary, and in Doyen, it should be answered in the affirmative.

Chief Judge Kaye and Judges Smith, Levine, Wesley and Rosenblatt concur; Judge Graffeo taking no part.

In Matter of Fappiano v New York City Police Dept.: Order reversed, without costs, and matter remitted to Supreme Court, New York County, for further proceedings in accordance with the opinion herein. Certified question not answered upon the ground that it is unnecessary.

In Matter of Stapleton v Pakstis: Order reversed, without costs, and petition dismissed.

In Matter of Doyen v McMahon: Order reversed, without costs, matter remitted to Supreme Court, Albany County, for further proceedings in accordance with the opinion herein and certified question answered in the affirmative.

Petitioners did not attempt to obtain the documents they seek through any of the other provisions in Civil Rights Law § 50-b (2); accordingly, the discussion here is limited to the applicability of Civil Rights Law § 50-b (2) (a).