N.Y. Criminal Procedure Law § 390.60: Copy of reports to accompany defendant sentenced to imprisonment

§ 390.60 Copy of reports to accompany defendant sentenced to

imprisonment.

1. Cases where copy of report is required. Whenever a person is

sentenced to a term of imprisonment, a copy of any pre-sentence report

prepared, a copy of any pre-sentence memorandum filed by the defendant

and a copy of any medical, psychiatric or social agency report submitted

to the court or to the probation department in connection with the

question of sentence must be delivered to the person in charge of the

correctional or division for youth facility to which the defendant is

committed at the time the defendant is delivered thereto. When a person

is committed to any hospital operated by the office of mental health or

referred to any program established pursuant to section four hundred one

of the correction law, from a correctional facility or division for

youth facility, the person in charge of the correctional facility or

division for youth facility shall ensure that a copy of any pre-sentence

report concerning such person, a copy of any pre-sentence memorandum

filed by such person, and a copy of any medical, psychiatric or social

agency report submitted to the court or to the probation department in

connection with the question of sentence is provided to such hospital or

program.

2. Effect of failure to deliver required report. A commitment is not

void by reason of failure to comply with the provisions of subdivision

one, but the person in charge of the correctional facility to which the

defendant has been delivered in execution of the sentence is authorized

to refuse to accept custody of such person until the required report is

delivered.