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NY appeals court: Police body camera footage subject to public disclosure

Ruling says footage does not constitute a personnel record.

NEW YORK — A New York appeals court has ruled that police body camera footage is subject to public disclosure under state law.

An Appellate Division panel said Tuesday that the footage doesn't constitute a personnel record and therefore isn't covered by a state law that keeps such records secret.

"The court found that there are much broader reasons to release this footage in the right circumstances. I'm not surprised at the ruling, and in fact I suspect this is going to open the door for greater access to these police body cams," said Thomas Burton, attorney for the Buffalo Police Benevolent Association.

New York Police Department Police Commissioner James O'Neill called the ruling important for transparency.

The Associated Press and other media outlets had filed briefs arguing the footage is vital to transparency and police accountability.

The city's largest police union fought its release, citing privacy and safety concerns.

An email seeking comment was sent to the NYC Police Benevolent Association.

The NYPD released its first body camera footage of a fatal shooting in September 2017. The appeals court halted the release of footage in July while it considered the matter.

"What happens now is Buffalo has to decide if they're going to make them available to the public if there is a request for it. This case says you have to, so there won't be any way to resist, but perhaps they could say that there's something on here that they don't want to reveal because it may in some way infect their investigation," said attorney Paul Cambria.

Reached for reaction, Buffalo Police Captain Jeffrey Rinaldo says the department needs to review the decision before commenting any further.

The Niagara County Sheriff's Office said the same thing.

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