N.Y. CPL Law § 390.20 — New York Code / Act CPL / Part 2 / Title L / Article 390 / Section 390.20
Requirement of pre-sentence report
Status: in_force

§ 390.20 Requirement of pre-sentence report.\n  1. Requirement for felonies. In any case where a person is convicted\nof a felony, the court must order a pre-sentence investigation of the\ndefendant and it may not pronounce sentence until it has received a\nwritten report of such investigation.\n  2. Requirement for misdemeanors. Where a person is convicted of a\nmisdemeanor a pre-sentence report is not required, but the court may not\npronounce any of the following sentences unless it has ordered a\npre-sentence investigation of the defendant and has received a written\nreport thereof:\n  (a) A sentence of probation except where the provisions of\nsubparagraph (ii) of paragraph (a) of subdivision four of this section\napply;\n  (b) A sentence of imprisonment for a term in excess of one hundred\neighty days;\n  (c) Consecutive sentences of imprisonment with terms aggregating more\nthan ninety days.\n  3. Permissible in any case. For purposes of sentence, the court may,\nin its discretion, order a pre-sentence investigation and report in any\ncase, irrespective of whether such investigation and report is required\nby subdivision one or two.\n  4. Waiver. (a) Notwithstanding the provisions of subdivision one or\ntwo of this section, a pre-sentence investigation of the defendant and a\nwritten report thereon may be waived by the mutual consent of the\nparties and with consent of the judge, stated on the record or in\nwriting, whenever:\n  (i) A sentence of imprisonment has been agreed upon by the parties and\nwill be satisfied by the time served, or\n  (ii) A sentence of probation or conditional discharge has been agreed\nupon by the parties and will be imposed, or\n  (iii) A report has been prepared in the preceding twelve months, or\n  (iv) A sentence of probation is revoked.\n  * Provided, however, a pre-sentence investigation of the defendant and\na written report thereon shall not be waived if an indeterminate or\ndeterminate sentence of imprisonment is to be imposed.\n  * NB Effective until September 1, 2027\n  * Provided, however, a pre-sentence investigation of the defendant and\na written report thereon shall not be waived if an indeterminate\nsentence of imprisonment is to be imposed.\n  * NB Effective September 1, 2027\n  (b) Whenever a pre-sentence investigation and report has been waived\npursuant to subparagraph (i), (ii) or (iii) of paragraph (a) of this\nsubdivision and the court determines that such information would be\nrelevant to the court disposition, a victim impact statement shall be\nprovided in accordance with this section.\n  5. Negotiated sentence of imprisonment. In any city having a\npopulation of one million or more and notwithstanding the provisions of\nsubdivision one or two of this section, a pre-sentence investigation and\nwritten report thereon shall not be required where a negotiated sentence\nof imprisonment for a term of three hundred sixty-five days or less has\nbeen mutually agreed upon by the parties with consent of the judge, as a\nresult of a conviction or revocation of a sentence of probation.\n