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PEOPLE v. SADDLEMIRE

79 A.D.2d 1074 (1981)

The People of the State of New York, Appellant, v. Clinton Saddlemire and Charisse Philips, Respondents

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

January 29, 1981

This matter was previously before us in Matter of Wilcox v Dwyer (66 A.D.2d 1, revd on other grounds 48 N.Y.2d 1003) and the pertinent underlying facts are set forth in our earlier decision. On this appeal, the same basic question is presented, to wit: does CPL 390.50 (subd 2) entitle the prosecution to disclosure of a defendant's presentence report where the sentencing court makes the subject...

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