Is An Inmate Entitled to a Copy of the Presentence Report After His Application for Parole Is Denied ?
In People v. Bonizio (147 Misc 2d 1050), the court held that a defendant was entitled to a copy of his presentence report after an application for parole release was denied by the Parole Board.
The Bonizio court relied on Matter of Legal Aid Bur. in which the Fourth Department ordered disclosure of a presentence report for use at a Parole Board hearing.
However, Bonizio has been expressly rejected by the Third Department in Matter of Allen v. People (243 AD2d 1039).
The Allen Court disagreed with the Bonizio decision and held that an inmate was not entitled to a copy of the presentence report after his application for parole was denied.