IN RE: Timothy GUTKAISS (2008)

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 copy of his presentence investigation report.

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 is not to 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 showing for the need thereof” (Matter of Shader v. People, 233 A.D.2d 717, 717, 650 N.Y.S.2d 350 [1996];  accord Matter of Kilgore v. People, 274 A.D.2d 636, 636, 710 N.Y.S.2d 690 [2000];  Matter of Hoyle v. People, 274 A.D.2d 633, 633, 710 N.Y.S.2d 257 [2000];  see Matter of Blanche v. People, 193 A.D.2d 991, 992, 598 N.Y.S.2d 102 [1993] ).   Here, as petitioner had notice of an impending hearing before the Board and his presentence report was one of the factors to be considered by the Board in determining his application for release (see Executive Law § 259-i[1][a];  [2][c] ), we find that petitioner made a proper factual showing entitling him to a copy of the report after in camera review and such redaction as County Court may find appropriate (see Matter of Shader v. People, 233 A.D.2d at 717, 650 N.Y.S.2d 350).

ORDERED that the order is reversed, on the law, without costs, and matter remitted to the County Court of Washington County for further proceedings not inconsistent with this Court's decision.

LAHTINEN, J.

MERCURE, J.P., PETERS, SPAIN and MALONE JR., JJ., concur.