People v Goode

[*1] People v Goode 2003 NY Slip Op 51730(U) Decided on December 18, 2003 Supreme Court, Nassau County Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 18, 2003
Supreme Court, Nassau County

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff,

against

TIMOTHY GOODE, Defendant.



77494-91

Ira H. Wexner, J.

Motion of the defendant pro se, Timothy Goode, for production of his pre-sentence report pursuant to CPL Section 390.50, is determined as hereinafter provided.

On September 30, 1991, defendant was convicted, upon his plea of guilty, of Attempted Murder in the First Degree, Burglary in the First Degree, Criminal Use of a Firearm in the First Degree and Criminal Possession of a Weapon in the Second Degree.

On October 28, 1991, defendant was sentenced to concurrent terms of fifteen years to life on his attempted murder conviction, twelve and one-half to twenty-five years on his burglary and criminal use of a firearm convictions, and seven and one-half to fifteen years on his weapon possession conviction.

A defendant is entitled to receive his pre-sentence report within a reasonable time before his appearance at a Parole Board hearing. People v. Wright, 206 AD2d 337 (1st Dept. 1994). Here, the defendant's hearing is not scheduled until December of 2005. Therefore, any application by the defendant for a copy of his report is premature. [*2]

Accordingly, the motion of the defendant is denied without prejudice to renew at a proper and appropriate time.

In reaching this determination, the Court considered and reviewed the defendant's pro se motion papers and the Affirmations in Response of the Assistant District Attorney and Deputy County Attorney. CPLR 2219(a).

This determination shall constitute the decision and Order of the Court.

SO ORDERED.

E N T E R

Dated: December 18, 2003_________________________________

Hon. Ira H. Wexner

Supreme Court Justice