The defendant, HUGO MEJIA, appearing pro se, has moved this Court for an order [*2]directing the probation department to release to him a copy of his pre-sentence report. The District Attorney, by Andrea M DiGregorio, Esq. takes no position on this application but requests the reedaction of all confidential information contained in the report. Sean R. Strockyj, Esq. of the Nassau County Attorney's Office has also responded to this motion and has opposed the application.

The defendant has asserted that he needs this report in order to prepare for his parole hearing. In addition, the defendant is seeking to bring an Article 78 proceeding since he was denied entrance into the Work Release program, and he needs such report as part of that application. Since clearly the prison and parole officials have this report and have used it and will use it as a guideline to determine the defendant's program and/or parole eligibility, defendant should likewise have the opportunity to review same in preparation for his various applications before these agencies. People v. Wright, 206 AD2d 337 (1st Dept. 1994); Matter of Legal Aid Bureau of Buffalo v. Armer, 74 AD2d 737 (4th Dept. 1980); Criminal Procedure Law Section 390.50 (1).

However, in recognizing the need for confidentiality, the Probation Department is directed to redact all references to the names and/or addresses of witnesses that may be contained in said pre-sentence report and to then provide the District Attorney with a copy of the redacted report. Within ten days after receipt of said report, the District Attorney is directed to either file a motion seeking further redaction or provide a copy of the report as received from the Probation Department to the defendant.

Accordingly, the defendant's motion is granted to the extent noted above.

This shall constitute the Decision and Order of this Court.

So Ordered.

E N T E R

__________________________________

HON. RICHARD A. LAPERA

J.C.C.

Dated:September 9, 2004