In Legal Aid Society v. New York City Police Department, 274 A.D.2d 207, 713 N.Y.S.2d 3 (1st Dept. 2000), the Appellate Division reversed the lower court's decision in an Article 78 proceeding and held: "We are persuaded that the assertion that disclosure of records to a defendant in a pending criminal prosecution would interfere with that proceeding is a sufficiently particularized justification for the denial of access to those records under Public Officers Law 87(2)(e)(i), since, as the court held in Matter of Pittari v. Pirro...FOIL disclosure during the course of the prosecution would not only 'interfere with the orderly process of disclosure' set forth in CPL article 240...it would also create a substantial likelihood of delay in the adjudication of that proceeding...thereby effecting a chill on that prosecution..." Id. at 214.