People v. Crosby

Defendant herein moves for an order directing the Probation Department to conduct a presentence investigation and report prior to pleading; and further, directing that any statements made by him to the Probation Department during such an investigation be excluded from use by the prosecutor in the event of trial.

The People oppose the motion on the ground that no authority exists for such an investigation and report prior to conviction.

"The Criminal Procedure Law makes no provision for investigations by the Department of Probation in advance of conviction. Sections 390.20, et seq. provide only…