| People v Cartier |
| 2003 NY Slip Op 51731(U) |
| Decided on September 29, 2003 |
| Nassau County Ct |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through March 31, 2025; it will not be published in the printed Official Reports. |
PEOPLE OF THE STATE OF NEW YORK District Attorney ADA Robert A. Schwartz Nassau County -against- Andre Cartier, 83A0281
against ANDRE CARTIER, Green Haven Correctional Facility Defendant. |
Defendant, Pro Se, moves pursuant to CPL Section 390.50(1), for an order granting access to defendant's pre-sentence report and memoranda prepared in this action.
The District Attorney and County Attorney of Nassau County have filed Affirmations in Opposition to defendant's motion. The Court is also in receipt of a Reply to those Affirmations from the defendant.
Now, upon reading all papers submitted and reviewing all exhibits annexed thereto, the [*2]defendant's motion is hereby denied in its entirety.
Defendant cites no authority for the proposition that he is entitled to the relief requested for preparation of an application for executive clemency. Furthermore, the statute relied upon by defendant for the requested relief, CPL §390.50(1), makes no mention of executive clemency applications as the basis for release of a pre-sentence investigation. Finally, with regard to defendant's assertion that he needs the report to prepare for an appearance before the parole board, the Court finds that request is premature. (See, Kilgore v. People of the State of New York, 274 AD2d 636.)
Motion denied.
SO ORDERED.
Dated: September 29, 2003
E N T E R , J.C.C.