FOIA Advisor

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Q&A: grand jury minutes in New York

Q&A (2015-16)Allan BlutsteinComment

Q.  I was indicted in [year redacted].  I did not testify before the grand jury even though all the other defendants were allowed to.  The charges against me were dropped after I cooperated with the DA and they realized I knew nothing about the case . . . .  I still don't know how I was indicted.  Can I get access to the grand jury minutes?  This took place in [redacted] New York.

A.  Minutes of grand jury proceedings in New York are not accessible under the Freedom of Information Law.  See the following opinion on the subject from New York's Committee on Open Government.  I do not know whether the records you seek still exist, but if you wish to petition a court for access, you might wish to review this recent decision in which a New York state appellate court affirmed the denial of access to grand jury minutes concerning Eric Garner.