Legal Opinion
Gutkaiss v. People
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 2008PublishedCited by 5 opinions
1Opinion of the CourtLahtinen, J.
Petitioner applied for a copy of the presentence investigation report prepared in connection with the criminal action against him in order to prepare for an appearance before the Board of Parole. County Court denied his application and petitioner now appeals.
We reverse. A presentence report “is confidential and may not be made available to any person . . . except where specifically required or permitted by statute or upon specific authorization of the court” (CPL 390.50 [1]). Where no statutory authority is cited, a petitioner may be entitled to disclosure of the report “upon a proper factual…
2Cases cited4 opinions
- Blanche v. PeopleAppellate Division of the Supreme Court of the State of New York · 1993
- Shader v. PeopleAppellate Division of the Supreme Court of the State of New York · 1996
- Kilgore v. PeopleAppellate Division of the Supreme Court of the State of New York · 2000
- Hoyle v. PeopleAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by5 opinions
- People v. FishelAppellate Division of the Supreme Court of the State of New York · 2015
- Davis v. PeopleAppellate Division of the Supreme Court of the State of New York · 2008
- Rogner v. PeopleAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SessomsAppellate Division of the Supreme Court of the State of New York · 2021
- People v. H.C.Penfield Justice Court · 2024