MATTER OF GUTKAISS v. PEOPLE


11 A.D.3d 845 (2004)

783 N.Y.S.2d 156

In the Matter of MICHAEL J. GUTKAISS, Appellant, v. THE PEOPLE OF THE STATE OF NEW YORK, Respondent.

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

October 28, 2004.


Petitioner sought to obtain a copy of the presentence investigation report prepared in connection with a prior criminal action against him. County Court summarily denied his application and petitioner appeals.

We affirm. CPL 390.50 (1) provides that a presentence report "is confidential and may not be made available to any person. . . except where specifically required or permitted by statute or upon specific authorization of the court." Here, petitioner's bare assertion...

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