Legal Aid Bureau of Buffalo, Inc. v. Armer

Petition unanimously granted, without costs, in accordance with the following memorandum: This article 78 proceeding in the nature of mandamus seeks to compel the respondent (sentencing Judge) to release presentence reports of James Russell and Pedro Legall for examination by appellate counsel and for use on a Parole Board hearing respectively. In declining the requests the sentencing court said, "I lost jurisdiction when the defendant was taken into the custody of the Department of Corrections.” Nothing contained within CPL 390.50 divests the sentencing Judge of jurisdiction to execute an…