MATTER OF JOHNSON v. N.Y. CITY POLICE DEPT

We adhere to our decision in Matter of Scott v. Chief Med. Examiner of City of N.Y. ( 179 A.D.2d 443, 444, lv denied 79 N.Y.2d 758, cert denied 506 U.S. 891) that DD5 reports and police officers' memo books are exempt from FOIL disclosure. Insofar as petitioner seeks certain other records, respondents' concession that such should have been created if normal agency procedures were followed necessitates a remand for proceedings to determine their existence and whether they are exempt from disclosure.

Concur — Rosenberger, J.P., Rubin, Ross, Nardelli and Mazzarelli, JJ.