IN RE: Michael J. GUTKAISS

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: Michael J. GUTKAISS, Appellant, v. The PEOPLE of the State of New York, Respondent.

Decided: October 28, 2004

Before:  CARDONA, P.J., CREW III, SPAIN, MUGGLIN and LAHTINEN, JJ. Michael J. Gutkaiss, Coxsackie, appellant pro se. Robert M. Winn, District Attorney, Fort Edward, for respondent.

Appeal from an order of the County Court of Washington County (Berke, J.), entered December 22, 2003, which denied petitioner's application pursuant to CPL 390.50 for a copy of his presentence report.

Petitioner sought to obtain a copy of the presentence investigation report prepared in connection with a prior criminal action against him.   County Court summarily denied his application and petitioner appeals.

We affirm.  CPL 390.50(1) provides that 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.”   Here, petitioner's bare assertion that he needed a copy of the presentence investigation report to prepare for his appearance before the Board of Parole, without any indication that there is an upcoming parole hearing scheduled, was insufficient to constitute a factual showing of his need for the report (see Matter of Kilgore v. People, 274 A.D.2d 636, 710 N.Y.S.2d 690 [2000];  Matter of Blanche v. People, 193 A.D.2d 991, 598 N.Y.S.2d 102 [1993] ).   Accordingly, we find no reason to disturb County Court's denial of petitioner's request.   Given our conclusion, petitioner's remaining contention need not be addressed.

ORDERED that the order is affirmed, without costs.

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