How to obtain 911 transcript in New York City

[Samado]

What is the name of your state? New York

Someone I used to date filed a frivolous police report stating I hit her and caused an injury and she called 911 and was served by an ambulance. The problem with her story, beside being 100% fictitious, is she made the call the next day contrary to what she stated in the court document. She came to my house on Sat and kept knocking on the door, we had a verbal argument and I asked her to leave. She returned Sunday and called the police and the ambulance. I was not even home but she is trying to use this as a proof she was injured on Saturday.

How do I go about obtaining the transcript of her call to 911? I want to show the date/location of her call which is clearly exposing the inconsistency in her claim. And how one you goes about suing someone for filing false police report? the DA wont bother on their own, especially in NYC, to prosecute such a pity crime I presume

Thank you !

 

[adjusterjack]

If you are being charged with a crime, hire a lawyer and the lawyer should be able to get the transcript during discovery.

If you are not being charged with a crime, back off and leave her alone. Ignore her, block her calls, emails, text, make like she doesn't exist because any action you take will just keep her in your life and escalate. You won't like the results.

 

[Taxing Matters]

How do I go about obtaining the transcript of her call to 911?

Well, since Jack didn't fully answer this question, I will. There are two ways to get that information. First, you may try making a request to the NYC police (or whatever other agency runs the 911 call center) for a copy of the recording or transcript that the agency has of the call pursuant to the NY state Freedom of Information Law (FOIL). Note that the FOIL does exempt certain law enforcement records. So if the police cite that exemption you have an uphill battle to get it. You'd have to sue the city and argue it misapplied the exemption. But perhaps the city will decide to just give you the recording upon request if there are no plans to use the recording in a criminal prosecution.

The other way to get it is in discovery in litigation. Here there are two ways that may come about. First, if you are prosecuted for the alleged domestic violence you'll be entitled to a copy of the recording. Second, if you sue her over this, your attorney may issue a subpoena to the city to get the recording.

Note that in all of these instances, you simply get a copy of whatever the city has. So if the city has the audio file but no transcript of the call then you get a copy of the audio file. You cannot force the city to make a transcript for you if it doesn't have one. This means when making requests for records that you need to be sure to ask for every type of record of the call that the city may have: the audio recording, transcripts, call logs, time and date records, etc. An attorney can help you with that to ensure you'll get what the city has.

 

[HighwayMan]

OP doesn't need any 911 transcripts. If the alleged victim called 911 for a domestic assault then the police should have responded and prepared a Complaint Report (UF-61) as well as a New York State Domestic Incident Report.

Those two reports would document when the police responded and when the alleged offense occurred. There is no way she could get away with playing switcheroo with the dates in question since everything would have been documented in several places.

Obviously, if the OP has been criminally charged then he needs an attorney ASAP.

 

[Taxing Matters]

OP doesn't need any 911 transcripts. If the alleged victim called 911 for a domestic assault then the police should have responded and prepared a Complaint Report (UF-61) as well as a New York State Domestic Incident Report.

Those would be good in addition to the 911 recording. I would want the recording to show not just the time but exactly what she told the operator. And in any event, its the same deal to get the forms you mentioned: make a FOIL request or get it in discovery. So might as well include all of that — the 911 recordings and the forms — in the same request.