Brady Offense No. 1748300620 - 1019022004

Richard Hy

Buffalo Police Department

68 Court Street

Buffalo, New York 14202

(716) 851-4444

https://www.bpdny.o…

Date of Offense

June 23, 2020

Offense(s)

Use of Force

Supporting Document(s)

Letter regarding Executive Law § 75(5)(b) Referral of Police Officer Richard Hy OAG Matter No. 1-793388787

Official Statement

Officer Richard Hy, while off-duty, engaged in a use-of-force incident involving a mentally ill individual. Video evidence documented Officer Hy striking the man during a street-side altercation. Witnesses described the encounter as unprovoked and unnecessary, particularly given the mental health condition of the individual involved. The event led to an internal affairs investigation, raising significant concerns about Officer Hy’s judgment, temperament, and adherence to professional standards—even outside his official duties.

The use of force against a vulnerable individual, especially while not in the lawful execution of police duties, constitutes a severe breach of public trust. The presence of video evidence and the subsequent internal inquiry further underscore the material relevance of this misconduct to any future legal proceedings involving Officer Hy. It is imperative that prosecutors, defense attorneys, and courts are made aware of this incident, as it directly impugns Officer Hy’s character for truthfulness, restraint, and lawful conduct.

These facts establish a valid basis for mandatory Brady disclosure, as they may be used to impeach Officer Hy’s credibility in any matter where his testimony or reporting is central to the adjudication of guilt or innocence. The failure to disclose such information would constitute a violation of Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972), and would risk tainting any conviction secured with his participation.

New York Freedom of Information Law

Article 6 (Sections 84-90)

The New York Freedom of Information Law is a series of laws designed to guarantee that the public has access to public records of governmental bodies in New York. New York’s first such law was passed in 1974 but that law was repealed and replaced in 1977 with a significantly changed law. Important amendments were then made to the law in 1982, 2005, and 2008. A record is defined as any information kept, held, filed, produced, or reproduced by, with or for an agency or the state legislature, in any physical form whatsoever. Documents are still covered by the act if a promise of confidentiality has been given, if they are in temporary possession of someone else, or if they originated outside the government but have come into possession of the government.

Anyone can request records in New York. A statement of purpose is usually not required but several New York courts have considered the requestor’s motives to be relevant where the motive of the document requestor was to obtain documents relative to pending litigation. The New York Freedom of Information Law also allows agencies to deny requests for lists if the lists that would be obtained would be used for commercial or fundraising purposes. However, there are no restrictions on how public records may be used, once they have been obtained. Allow five days for a response to a public records request.