Opinion
July 6, 2000.
Appeal from an order of the County Court of Chemung County (Buckley, J.), entered July 9, 1999, which denied petitioner's application pursuant to CPL 390.50 for a copy of his presentence report.
James Hoyle, Dannemora, appellant in person.
Thomas F. O'Mara, District Attorney (John Trice of counsel), Elmira, for respondent.
Before: Crew III, J.P., Spain, Carpinello, Graffeo and Mugglin, JJ.
MEMORANDUM AND ORDER
Petitioner, a prison inmate, filed an application in County Court pursuant to CPL 390.50 seeking a copy of the presentence report prepared in connection with a prior criminal action against him. County Court denied his application and petitioner appeals.
Pursuant to the provisions of CPL 390.50 (1), a presentence report "is confidential and may not be made available to any person * * * except where specifically required or permitted by statute or upon specific authorization of the court" (see, Matter of Allen v. People, 243 A.D.2d 1039). Although petitioner has failed to cite any statutory provision which would entitle him to a copy of the report (see, Matter of Blanche v. People, 193 A.D.2d 991), he may be entitled to obtain the report "upon a proper factual showing for the need thereof" (Matter of Shader v. People, 233 A.D.2d 717, 717). Inasmuch as petitioner's motion papers failed to make any factual showing sufficient to warrant disclosure of the report to him, we find that County Court's denial of the application was proper (see, Matter of Blanche v. People, supra; cf., Matter of Shader v. People, supra).
Crew III, J.P., Carpinello, Graffeo and Mugglin, JJ., concur.
ORDERED that the order is affirmed, without costs.