New York Daily News

For PBA

Judge temporaril­y blocks NYPD release of footage

- Manhattan Appellate Division Justice Rosalyn Richter (left) blocked previous decision against the Patrolmen’s Benevolent Associatio­n, which contends that release of video violates law on confidenti­ality of cop disciplina­ry and personnel records.

The PBA also maintained in its suit that releasing this video could put the privacy of citizens — including crime victims — at risk.

Union honchos have said they want judges to decide on releasing requested footage, not the NYPD.

The lawsuit cited the release of footage last September revealing a deadly encounter between cops and a knife-wielding man who was also brandishin­g a fake firearm.

The department claimed he raised his bogus gun, prompting responding officers to open fire.

The department “released this footage over the objection of Bronx District Attorney (Darcel) Clark and over the objection of the petitioner,” according to the suit.

“Each time the NYPD illegally and arbitraril­y releases bodyworn camera footage, they are harming police officers’ safety, the public’s right to privacy and the interests of justice in ways that can’t be undone,” PBA President Patrick Lynch said.

“The Legislatur­e enacted laws limiting public disclosure of police officers’ personnel records to guard against exactly this scenario, and police officers have a clear right to challenge the NYPD’s tortured attempts to twist the law to serve its own purposes.”

The NYPD has contended that this footage isn’t protected by 50-a.

Asked for comment on Richter’s decision, a spokesman for the city Law Department said, “We are disappoint­ed with this interim ruling.”

“The whole idea behind the (body-worn camera) program is to ensure transparen­cy and accountabi­lity for the public,” said Law Department spokesman Nicholas Paolucci.

“We believe (body-worn camera) footage is a factual record of an incident, not a personnel record protected by 50-a. We’ll proceed accordingl­y in the litigation.”

Richter’s ruling will be in place until an appeals panel decides on the PBA’s request for longerterm relief. THE NYPD will hand over numbers on the use of force by cops in each precinct after a clash with the City Council over the data, Police Commission­er James O’Neill said Monday.

O’Neill pledged to hand over the informatio­n after the NYPD previously refused to disclose it, arguing the disclosure would violate a state law that bars the release of police disciplina­ry records.

The dispute stems from a city law passed by the Council in 2016, which requires the department to release use of force data by precinct, including the number of complaints of excessive force and how many were substantia­ted.

But the NYPD argued that to follow the local law and provide the excessive-force informatio­n would violate section 50-a of the state Civil Rights Law, a controvers­ial statute that shields police disciplina­ry informatio­n from public view.

Critics slammed that argument, since the Council was asking only for data by precinct — not the identities of individual cops flagged for excessive force.

“We have to balance transparen­cy with police officer safety,” O’Neill said. “There are people out here who are trying to do police officers harm.”

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Erin Durkin
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