October 11, 2017
This responds to your inquiry (17-112) asking whether, and under what conditions, you may grant the probation department’s ex parte request to exempt from disclosure the victim impact statement contained in the pre-sentence investigation report.
The Committee believes this question cannot be answered without interpretation of the Rules and Regulations of the Probation Department (see 9 NYCRR 350.7[b]) and/or other applicable statutes or case law, if any. Therefore, we must decline to respond to this inquiry, as legal questions are beyond the Committee’s jurisdiction (see Judiciary Law §212[l]; 22 NYCRR 101.1).
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Div., First Dep’t (Ret.)
Hon. Margaret T. Walsh
Family Court Judge
Acting Justice, Supreme Court