People v. Pearson

Appeal held and matter remitted to Supreme Court, Erie County, for consideration of defendant’s appellate counsel’s request for permission to examine the presentence report, in accordance with the following memorandum: The District Attorney concedes that in light of People v Rogers (54 AD2d 616) defendant’s appellate counsel is entitled to examine the presentence report. The concession implies that the facts in this case are the same as in Rogers where, in the discretion of the sentencing court, all of the presentence report had been released for defendant’s counsel to examine at sentencing.…