NEW YORK (AP) — A judge says New York City’s Civilian Complaint Review Board cannot access the grand jury minutes in the case against a police officer who held Eric Garner in a fatal chokehold.

Judge William Garnett said Thursday the agency has no “compelling need” to access material related to grand jury proceedings involving Officer Daniel Pantaleo.

He said releasing the information, which is typically secret, would set a bad precedent.

Board Chairman Richard Emery argues investigators need access to conduct a thorough investigation.

The Staten Island district attorney’s office opposed the request. It said the board had no standing to obtain the secret records.

Emery says the decision was not in line with the law and vowed to appeal.

A grand jury declined to indict the officer. A federal inquiry is ongoing.