Sciaraffo v. New York City Department of Probation

Full title: In the Matter of RICHARD SCIARAFFO, Appellant, v. NEW YORK CITY DEPARTMENT…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 9, 1998

248 A.D.2d 477 (N.Y. App. Div. 1998)

669 N.Y.S.2d 513

Opinion

March 9, 1998

Appeal from the Supreme Court, Kings County (Gerges, J.).

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner pleaded guilty to assault in the second degree under Indictment No. 10108/93 in the Supreme Court, Kings County, in 1994. He commenced this proceeding pursuant to CPLR article 78 against the respondent New York City Department of Probation in or about November 1995 to compel the respondent to expunge certain allegedly inaccurate information from the presentence report prepared in connection with the criminal action. The Supreme Court properly dismissed the petition because the challenges now made to the accuracy of the presentence report should have been raised before sentencing ( see, Matter of Salahuddin v. Mitchell, 232 A.D.2d 903; Matter of Gayle v. Lewis, 212 A.D.2d 919; People v. Banchs-Rivera, 168 Misc.2d 72; CPL 390.40, 400.10 Crim. Proc.).

Rosenblatt, J. P., O'Brien, Ritter and Goldstein, JJ., concur.