People v. Malkowski

My disagreement with the majority opinion is total. Resting *252upon what I regard as wholly unreal reasons, that opinion is pointed in the ultimate at retroactive banning of the regularly necessary confidential control by sentencing judges of presentence reports that are received by them. Despite contrary representations it is sure to provide yet another way by which the professional criminal may obtain still another “trial,” and still more “appellate review,” and still more outright releases when there can be no such additional “trial”; all nunc pro tunc as of the respective dates of his…