2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 390 - Pre-Sentence Reports › 390.20 - Requirement of Pre-Sentence Report.

§ 390.20 Requirement of pre-sentence report.
1.  Requirement  for felonies. In any case where a person is convicted
of a felony, the court must order a pre-sentence  investigation  of  the
defendant  and  it  may  not  pronounce sentence until it has received a
written report of such investigation.
2. Requirement for misdemeanors. Where a  person  is  convicted  of  a
misdemeanor a pre-sentence report is not required, but the court may not
pronounce  any  of  the  following  sentences  unless  it  has ordered a
pre-sentence investigation of the defendant and has received  a  written
report thereof:
(a)   A   sentence   of  probation  except  where  the  provisions  of
subparagraph (ii) of paragraph (a) of subdivision four of  this  section
apply;
(b)  A  sentence  of  imprisonment for a term in excess of one hundred
eighty days;
(c) Consecutive sentences of imprisonment with terms aggregating  more
than ninety days.
3.  Permissible  in any case. For purposes of sentence, the court may,
in its discretion, order a pre-sentence investigation and report in  any
case,  irrespective of whether such investigation and report is required
by subdivision one or two.
4. Waiver. (a) Notwithstanding the provisions of  subdivision  one  or
two of this section, a pre-sentence investigation of the defendant and a
written  report  thereon  may  be  waived  by  the mutual consent of the
parties and with consent of the  judge,  stated  on  the  record  or  in
writing, whenever:
(i) A sentence of imprisonment has been agreed upon by the parties and
will be satisfied by the time served, or
(ii)  A sentence of probation or conditional discharge has been agreed
upon by the parties and will be imposed, or
(iii) A report has been prepared in the preceding twelve months, or
(iv) A sentence of probation is revoked.
* Provided, however, a pre-sentence investigation of the defendant and
a written report thereon shall not be  waived  if  an  indeterminate  or
determinate sentence of imprisonment is to be imposed.
* NB Effective until September 1, 2025
* Provided, however, a pre-sentence investigation of the defendant and
a  written  report  thereon  shall  not  be  waived  if an indeterminate
sentence of imprisonment is to be imposed.
* NB Effective September 1, 2025
(b) Whenever a pre-sentence investigation and report has  been  waived
pursuant  to  subparagraph  (i),  (ii) or (iii) of paragraph (a) of this
subdivision and the court determines  that  such  information  would  be
relevant  to  the  court disposition, a victim impact statement shall be
provided in accordance with this section.
5.  Negotiated  sentence  of  imprisonment.  In  any  city  having   a
population  of one million or more and notwithstanding the provisions of
subdivision one or two of this section, a pre-sentence investigation and
written report thereon shall not be required where a negotiated sentence
of imprisonment for a term of three hundred sixty-five days or less  has
been mutually agreed upon by the parties with consent of the judge, as a
result of a conviction or revocation of a sentence of probation.