New York State Court of Claims

New York State Court of Claims

VERA v. THE STATE OF NEW YORK, #2005-016-036, Claim No. 102187, Motion No. M-69863


Synopsis


Motion for order seeking documents from Kings County District Attorney's Office was granted.

Case Information

UID:
2005-016-036
Claimant(s):
JOHN VERA
Claimant short name:
VERA
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102187
Motion number(s):
M-69863
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Fred Lichtmacher, Esq.
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Janet Polstein, Esq., AAG
Third-party defendant's attorney:

Signature date:
May 5, 2005
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

John Vera's claim is for unjust conviction and imprisonment under §8-b of the Court of Claims Act. This is Mr. Vera's motion for an order requiring the production of documents by the Kings County District Attorney's Office, namely, "certified copies of all tape recordings, including but not limited to tape M99/0193, and all other relevant tapes, records, transcripts of interviews and other documents including a copy of the dismissal memo pertaining to the reversal of the conviction of the Claimant John Vera for Indictment number 2681/94 for the robbery of 1/6/94 at 340 South 3rd Street Brooklyn NY."

Defendant joins in the motion, and the District Attorney's Office does not oppose the motion, except to the extent it seeks production of documents containing attorney work product. The District Attorney also seeks a photocopying fee of seventy-five cents per page and five dollars per audiotape, which claimant does not oppose. In view of the foregoing, having reviewed the parties' submissions[1], IT IS ORDERED that motion no. M-69863 be granted to the extent that:
  1. Within thirty (30) days of the filing of this Decision and Order, claimant shall personally serve the Kings County District Attorney's Office with this Decision and Order;
  2. Except as set forth in paragraph 3 below, and with the exception of those portions of documents containing attorney work product, within sixty (60) days of service on it of this Decision and Order, the Kings County District Attorney's Office shall produce to claimant certified copies of all tape recordings, including but not limited to tape M99/0193, and all other relevant tapes, records, transcripts of interviews and other documents including a copy of the dismissal memo pertaining to the reversal of the conviction of the Claimant John Vera for Indictment number 2681/94 for the robbery of 1/6/94 at 340 South 3rd Street Brooklyn NY;
  3. To the extent that any responsive documents are from the personnel file of any police officer, such documents shall be withheld and the Court shall be notified, within sixty (60) days of the filing of this Decision and Order, of the existence of such documents and with the name(s) of the police officer(s) in question, so that the Court may arrange for hearing(s) pursuant to §50-a of the Civil Rights Law; and
  4. claimant shall make arrangements with the Kings County District Attorney's Office for the payment of photocopying fees of seventy-five cents per page and audiotape fees of five dollars per audiotape.


May 5, 2005
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The Court reviewed claimant's notice of motion with affidavit in support and exhibits A through M; the March 14, 2005 affirmation of Assistant District Attorney Phyllis Mintz; and defendant's April 19, 2005 letter joining in claimant's motion.