| Matter of Gutkaiss v People |
| 2008 NY Slip Op 02055 [49 AD3d 979] |
| March 13, 2008 |
| Appellate Division, Third Department |
| In the Matter of Timothy Gutkaiss, Appellant, v ThePeople of the State of New York, Respondent. |
—[*1] Kevin C. Kortright, District Attorney, Fort Edward (Katherine G. Henley of counsel), forrespondent.
Lahtinen, J. Appeal from an order of the County Court of Washington County (Berke, J.),entered May 19, 2006, which denied petitioner's application pursuant to CPL 390.50 for a copyof his presentence investigation report.
Petitioner applied for a copy of the presentence investigation report prepared in connectionwith the criminal action against him in order to prepare for an appearance before the Board ofParole. County Court denied his application and petitioner now appeals.
We reverse. A presentence report "is confidential and may not be made available to anyperson . . . except where specifically required or permitted by statute or uponspecific authorization of the court" (CPL 390.50 [1]). Where no statutory authority is cited, apetitioner may be entitled to disclosure of the report "upon a proper factual showing for the needthereof" (Matter of Shader v People, 233 AD2d 717, 717 [1996]; accord Matter ofKilgore v People, 274 AD2d 636, 636 [2000]; Matter of Hoyle v People, 274 AD2d633, 633 [2000]; see Matter of Blanche v People, 193 AD2d 991, 992 [1993]). Here, aspetitioner had notice of an impending hearing before the Board and his presentence report wasone of the factors to be considered by the Board in determining his application for release(see Executive Law § 259-i [1] [a]; [2] [c]), [*2]wefind that petitioner made a proper factual showing entitling him to a copy of the report after incamera review and such redaction as County Court may find appropriate (see Matter ofShader v People, 233 AD2d at 717).
Mercure, J.P., Peters, Spain and Malone Jr., JJ., concur. Ordered that the order is reversed,on the law, without costs, and matter remitted to the County Court of Washington County forfurther proceedings not inconsistent with this Court's decision.