MATTER OF FRANKLIN v. KELLER

Assuming arguendo that petitioner is entitled to documents containing statements given to the police by the complaining witness against him in his criminal trial, he is not, absent a showing that such documents are no longer available to him, entitled to material that was previously provided to his attorney(s) ( compare, Matter of Huston v. Turkel, 236 A.D.2d 283, lv denied 90 N.Y.2d 809, with Matter of Swinton v. Record Access Officers for City of N.Y. Police Dept., 198 A.D.2d 165, and Matter of Scarola v. Morgenthau, 246 A.D.2d 417).

Concur — Ellerin, J. P., Williams, Mazzarelli and Andrias, JJ.