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  5. 36 N.Y.2d 114 (1975)
 

PEOPLE v. PERRY

36 N.Y.2d 114 (1975)

The People of the State of New York, Respondent, v. William Perry, Appellant. The People of the State of New York, Respondent, v. John R. Ortiz, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 1975.

Attorney(s) appearing for the Case

Matthew Muraskin and James J. McDonough for appellant in the first above-entitled action.

William Cahn, District Attorney (Herbert Esrick and Thomas R. Hession of counsel), for respondent in the first above-entitled action.

Philip L. Bereano for appellant in the second above-entitled action.

William P. Sullivan, Jr., District Attorney (Robert Clune of counsel), for respondent in the second above-entitled action.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Frederick R. Walsh of counsel), in his statutory capacity under section 71 of the Executive Law in the second above-entitled action.

William E. Hellerstein for The Legal Aid Society, amicus curiae, in the second above-entitled action.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and FUCHSBERG concur; Judge COOKE taking no part.

WACHTLER, J.

Both of these appeals challenge the constitutionality of CPL 390.50 which permits a sentencing court in its discretion, to withhold disclosure of presentence investigative reports.

In connection with the burglary of a Manhasset delicatessen, defendant Perry was charged with burglary in the third degree, petit larceny and possession of burglar tools. He subsequently

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