People v. Saddlemire
Opinion of the Court
Appeal from a judgment of the County Court of Rensselaer County, rendered February 14, 1980, which sentenced defendant Saddlemire to concurrent terms of imprisonment of three months and one year and defendant Philips to two concurrent terms of three years’ probation, following defendants’ convictions of the crimes of endangering the welfare of a child and consensual sodomy. This matter was previously before us in Matter of Wilcox v Dwyer (66 AD2d 1, revd on other grounds 48 NY2d 1003) and the pertinent underlying facts are set forth in our earlier decision. On this appeal, the same basic question is presented, to wit: does CPL 390.50 (subd 2) entitle the prosecution to disclosure of a defendant’s presentence report where the sentencing court makes the subject report available to defense counsel. For the reasons set forth in our earlier decision, we continue to adhere to our original conclusion that common sense, logic and basic fairness all require that the prosecution be allowed to examine presentence reports in circumstances where the report is made available to defense counsel.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.