10. Police techniques.

An agency may deny access to records or portions thereof that are compiled for law enforcement purposes and which, if disclosed, would reveal criminal investigative techniques or procedures, except routine techniques and procedures. N.Y. Pub. Off. Law § 87(2)(e)(iv) (McKinney Supp. 1988). Records which may reveal law enforcement techniques may also be exempt under the general exemption for records which, if disclosed, would endanger the life or safety of any person. N.Y. Pub. Off. Law § 87(2)(f) (McKinney Supp. 1988).

For cases on police techniques, see DeZimm v. Connelie, 64 N.Y.2d 860, 476 N.E.2d 646, 487 N.Y.S.2d 320 (1985) (denying access to portions of State Police administrative manual concerning procedures for electronic surveillance and monitoring devices); Smith v. Capasso, 200 A.D.2d 502, 608 N.Y.S.2d 815 (1st Dep't 1994); Spencer v. New York State Police, 187 A.D.2d 919, 591 N.Y.S.2d 207 (3d Dept. 1992) (denying access to non-routine, highly detailed step-by-step depictions of the investigatory process and methods of gathering information, and portions of the file describing autopsies performed on victims, but granting access to files regarding surveillance, establishment of roadblocks and lists of evidence seized); Lyon v. Dunne, 180 A.D.2d 922, 580 N.Y.S.2d 803, (3d Dep't 1992), motion for leave to appeal denied, 79 N.Y.2d 758 (1992) (denying access to laboratory analyses of evidence because it would reveal nonroutine techniques and procedures, however, evidence inventory list is not exempt from disclosure); Ennis v. Slade, 179 A.D.2d 558, 579 N.Y.S.2d 59 (1st Dep't 1992), motion for leave to appeal denied, 79 N.Y.2d 758 (1992) (denying access to records of narcotics buy operation); Moore v. Santucci, 151 A.D.2d 676, 543 N.Y.S.2d 103, (2d Dep't 1989) (ballistic and fingerprinting tests are routine investigative techniques); Allen v. Strojnowski, 129 A.D.2d 700, 514 N.Y.S.2d 463 (3d Dep't 1987), motion for leave to appeal denied, 70 N.Y.2d 871, 518 N.E.2d 5, 523 N.Y.S.2d 493 (1987) (denying access to reports revealing nonroutine techniques for processing homicide scene); Muniz v. Roth, 162 Misc.2d 293, 620 N.Y.S.2d 700 (Sup. Ct., Tompkins County 1994) (granting access to fingerprint tests because they are routine investigative techniques); Banfield v. Michael, N.Y.L.J., March 20, 1985 (Sup. Ct., New York County, 1985) (denying access to financial records which would reveal criminal investigative techniques); Kotler v. Suffolk Police Dep't, (Sup. Ct., Suffolk County, April 7, 1983) (granting access to fingerprint and polygraph records as product of routine procedures); Foley v. Wilson, No. 20250 (Sup. Ct., Wayne County, Nov. 23, 1982) (directing that records relating to pending investigation and criminal action be made available only after completion of proceedings, including breathalyzer test results and operation checklist); Kwoczka v. Cawley, 103 Misc.2d 13, 425 N.Y.S.2d 247 (Sup. Ct. 1980) (denying access to testimony, audio and videotapes of undercover police investigation on basis that disclosure would identify informants and "secret tricks and techniques"); Matter of Warner, N.Y.L.J. (App.Div. 1st Dept. March 17, 1995) (ordering in camera inspection of police training material to determine whether exempt as criminal investigative techniques or procedures or would endanger life or safety of any person).