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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 […]

390.40 – Defendant’s or Prosecutor’s Pre-Sentence Memorandum.

§ 390.40 Defendant’s or prosecutor’s pre-sentence memorandum. 1. Either the defendant or prosecutor may, at any time prior to the pronouncement of sentence, file with the court a written memorandum setting forth any information he may deem pertinent to the question of sentence. Such memorandum may include information with respect to any of the matters […]

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 […]