The Brooklyn court on Wednesday upheld a Staten Island judge's decision to keep the testimony secret.
The mayor cited a new community policing effort as the one-year anniversary of Garner's death nears.
Civilian Complaint Review Board filed a petition to get Staten Island DA to hand over Garner evidence.
Judge William Garnett denied motions to release testimony from the Eric Garner grand jury proceedings.
Joscelyn Every was the only one immediately charged in the fight that lead to his friend's death.
Gentile called out Donovan for not addressing the public after the grand jury decision.
Judges should have more of a role when defendants are police officers, Judge Jonathan Lippman said.
Judge William Garnett heard oral arguments for the release of the testimony, after several delays.
A hearing about whether to release grand jury testimony has been moved to Feb. 5, the DA's office said.
The NAACP wants an off-Island judge to decide if grand jury testimony should be released.
The push comes after a Staten Island grand jury declined to indict police in the death of Eric Garner.
"Respond" addresses the reaction to the grand jury's decision not to indict officer Daniel Pantaleo.
Judge William Garnett will hear arguments for the release on Jan. 29.
Gov. Andrew Cuomo is being sworn in to his second term Wednesday at the World Trade Center.
Judge William Garnett, an acting justice in Brooklyn, was appointed to the case.
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