§ 1-02 Production of Records.
RCNY § 1-02
(a)Basic procedure. Upon receipt of a proper request, as indicated above, the Department of Probation shall cause three copies of the pre-sentence investigation report to be forwarded to the appropriate appellate court. Said records may then be obtained from the Office of the Clerk of that court. Under no circumstances will the Department of Probation release pre-sentence investigation reports directly to any defendant or attorney. CPL 390.50 provides that probation records are confidential, and are available only for purposes of initial sentencing and upon appeal, and that in those instances "the court shall release" the records.
(b)Time of requests for production. Requests for probation records should be made as far in advance of the date for perfection of the appeal as is possible. Cases which are two or more years old are archived and take a minimum of three to four weeks to locate and forward to the appellate court. Some take longer.
(c)Failure to produce records. It is the responsibility of the requesting party to ascertain whether the probation records have reached the appellate court. No notice will be sent by the Department of Probation. However, if the appellate court indicates that the records have not been received in a reasonable time, further inquiries should be directed either in writing or by telephone to the New York City Department of Probation, Office of the General Counsel, (212) 374-3718, 115 Leonard Street, New York, N.Y. 10013.
