390.50 – Confidentiality of Pre-Sentence Reports and Memoranda.
§ 390.50 Confidentiality of pre-sentence reports and memoranda. 1. In general. Any pre-sentence report or memorandum submitted to the court pursuant to this article and any medical, psychiatric or social agency report or other information gathered for the court by a probation department, or submitted directly to the court, in connection with the question of […]
390.60 – Copy of Reports to Accompany Defendant Sentenced to Imprisonment.
§ 390.60 Copy of reports to accompany defendant sentenced to imprisonment. 1. Cases where copy of report is required. Whenever a person is sentenced to a term of imprisonment, a copy of any pre-sentence report prepared, a copy of any pre-sentence memorandum filed by the defendant and a copy of any medical, psychiatric or social […]
400.10 – Pre-Sentence Conference.
§ 400.10 Pre-sentence conference. 1. Authorization and purpose. Before pronouncing sentence, the court, in its discretion, may hold one or more pre-sentence conferences in open court or in chambers in order to (a) resolve any discrepancies between the pre-sentence report, or other information the court has received, and the defendant’s or prosecutor’s pre-sentence memorandum submitted […]
400.15 – Procedure for Determining Whether Defendant Is a Second Violent Felony Offender.
§ 400.15 Procedure for determining whether defendant is a second violent felony offender. 1. Applicability. The provisions of this section govern the procedure that must be followed in any case where it appears that a defendant who stands convicted of a violent felony offense as defined in subdivision one of section 70.02 of the penal […]
380.97 – Notification to Division of Criminal Justice Services of Certain Misdemeanor Convictions.
§ 380.97 Notification to division of criminal justice services of certain misdemeanor convictions. Upon judgment of conviction of assault in the third degree, menacing in the third degree, menacing in the second degree, criminal obstruction of breathing or blood circulation, unlawful imprisonment in the second degree, coercion in the third degree, criminal tampering in the […]
390.10 – Requirement of Fingerprint Report.
§ 390.10 Requirement of fingerprint report. In any case where the defendant is convicted of an offense specified in subdivision one of section 160.10, the court may not pronounce sentence until it has received a fingerprint report from the division of criminal justice services or a police department report with respect to the defendant’s prior […]
390.15 – Requirement of HIV Related Testing in Certain Cases.
§ 390.15 Requirement of HIV related testing in certain cases. 1. (a) In any case where the defendant is convicted of a felony offense enumerated in any section of article one hundred thirty of the penal law, or any subdivision of section 130.20 of such law, where an act of “sexual intercourse”, “oral sexual conduct” […]
390.20 – Requirement of Pre-Sentence Report.
§ 390.20 Requirement of pre-sentence report. 1. Requirement for felonies. In any case where a person is convicted of a felony, the court must order a pre-sentence investigation of the defendant and it may not pronounce sentence until it has received a written report of such investigation. 2. Requirement for misdemeanors. Where a person is […]
390.30 – Scope of Pre-Sentence Investigation and Report.
§ 390.30 Scope of pre-sentence investigation and report. 1. The investigation. The pre-sentence investigation consists of the gathering of information with respect to the circumstances attending the commission of the offense, the defendant’s history of delinquency or criminality, and the defendant’s social history, employment history, family situation, economic status, education, and personal habits. Such investigation […]
380.70 – Minutes of Sentence.
* § 380.70 Minutes of sentence. In any case where a person receives an indeterminate or determinate sentence of imprisonment, a certified copy of the stenographic minutes of the sentencing proceeding must be delivered by the court to the person in charge of the institution to which the defendant has been delivered within thirty days […]