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NEW YORK (AP) — A New York appeals court has heard arguments for and against releasing the disciplinary records of the officer at the center of Eric Garner’s chokehold death.

The New York Post (http://nyp.st/2jd7a5C) reports that one judge on the panel asked Thursday why jurists’ disciplinary records are public but not officers’.

A lower court judge has ordered the records’ release.

But lawyers for Mayor Bill de Blasio (dih BLAH’-zee-oh) appealed. They cite a 40-year-old state civil rights law that allows the withholding of records used to evaluate the performance of police, firefighters and jail guards.

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Advocates say the law doesn’t allow for transparency in government. De Blasio has said state legislatures should rewrite it.

Garner is heard saying “I can’t breathe!” repeatedly in a video that partially recorded his 2014 encounter with police.

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Information from: New York Post, http://www.nypost.com