Salamone v. Monroe County Department of Probation

Order unanimously reversed on the law without costs and motion granted. Memorandum: County Court improvidently exercised its discretion in directing disclosure, pursuant to CPL 390.50 (2), of presentence reports prepared by the Department of Probation in juvenile delinquency and PINS proceedings (Family Ct Act § 351.1 [6]; § 750) and in a prior criminal proceeding in which petitioner was adjudicated a youthful offender (CPL 720.35 [2]). The affidavit in support of the ex parte application seeking disclosure made no factual showing sufficient to warrant overriding the cloak of confidentiality…