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MTR. OF WILCOX v. DWYER

66 A.D.2d 1 (1979)

In the Matter of Charles J. Wilcox, as District Attorney of Rensselaer County, Petitioner, v. M. Andrew Dwyer, Jr., as Judge of The County Court of Rensselaer County, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 25, 1979

Attorney(s) appearing for the Case

Robert L. Adams for petitioner.

Louis J. Lefkowitz, Attorney-General (Lawrence L. Doolittle of counsel), for M. Andrew Dwyer, Jr., respondent.

Jerome K. Frost for Charise Philips, respondent.

John J. Sweeney, Jr., for Clinton Saddlemire, respondent.

MAHONEY, P. J., KANE and STALEY, JR., JJ., concur with SWEENEY, J.; HERLIHY, J., dissents and votes to deny the petition in an opinion.

SWEENEY, J.

There is no substantial factual dispute. After a jury trial of two individuals on various sex-related charges, they were convicted of certain misdemeanors, but acquitted on the more serious felony counts. Thereafter, presentencing reports were prepared on both defendants. Pursuant to CPL 390.50 (subd 2), petitioner moved to examine the reports if they were made available to the defendants. Respondent...

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