MATTER OF GUTKAISS v. PEOPLE


49 A.D.3d 979 (2008)

853 N.Y.S.2d 677

In the Matter of TIMOTHY 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.

Decided March 13, 2008.


Lahtinen, J.

Petitioner applied for a copy of the presentence investigation report prepared in connection with the criminal action against him in order to prepare for an appearance before the Board of Parole. County Court denied his application and petitioner now appeals.

We reverse. 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...

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