The police do not have to release it. You may get it as part of discovery in the criminal case depending on how far the case goes. As for defemation, reporting an alleged crime to the police is priviledged so I don't see a defemation case.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
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