People v. Perry

"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 *118pleaded guilty to criminal trespass in the second degree. At sentencing, defense counsel formally requested an opportunity to examine the probation report. After this request was denied, the defendant’s attorney…