Local Criminal Rule 32.1 — Presentence Reports (amended January 1, 2022)
A published court requirement that applies in New York. Category: Local Rules. Effective January 1, 2026. Verified against the official source (N.D.N.Y. — Local Rules (U.S. District Court, Northern District of New York)) on November 3, 2026.
Summary
Local Criminal Rule 32.1 — Presentence Reports (amended January 1, 2022): the court's own rule, verbatim from the Local Rules of Practice, United States District Court for the Northern District of New York, effective January 1, 2026 (official PDF, sha-custodied). Court-level requirement: applies in every case before the U.S. District Court for the Northern District of New York as its section states (Section XI, Criminal Procedure), alongside the federal rules and any judge-specific procedures.
Requirement
(a) Order for Presentence Report. The Court will impose sentences without unnecessary delay following the completion of the presentence investigation and report. This Court adopts the use of a uniform presentence order. The uniform presentence order shall contain (1) the date by which the presentence report is to be made available; (2) the deadlines for filing objections, if any, to the presentence report; (3) the deadlines for filing presentence memoranda, recommendations and motions; and (4) a date for sentencing. (b) Presence of Counsel. On request, the defendant's counsel is entitled to notice and a reasonable opportunity to attend any interview that a probation officer conducts of the defendant in the course of a presentence investigation. It shall be incumbent upon the defendant's counsel to advise the Probation Office within two (2) days of the date that the presentence report is ordered that counsel wishes to be present at any interview with the defendant. (c) Disclosure Procedures. 1. The Presentence Report is confidential and should not be disclosed to anyone other than the defendant, the defendant's attorney, the United States Attorney and the Bureau of Prisons without the Court’s consent except that, in cases that involve a sex offense as a count of conviction, the Probation Office shall disclose the Presentence Report to the New York State Board of Examiners for Sex Offenders for purposes of its completion of a sex-offender classification level. The disclosure shall adhere to the conditions set forth in the Memorandum of Understanding executed between the Probation Office and the New York State Board of Examiners for Sex Offenders. 2. a. The Probation Office will submit the initial draft of the Presentence Report through the ECF System which will generate a notice of electronic filing to counsel for the USA, counsel for the specific defendant, and to the presiding judge. The Presentence Report shall be lodged, not filed, on CM/ECF and is not available for public inspection. b. Any objections to the Presentence Report shall be forwarded directly to the Probation Office and shall not be filed on the docket. c. Once finalized, the Probation Office will submit the final Presentence Report and addendum through the ECF system which will generate a notice of electronic filing to counsel for the USA, counsel for the specific defendant, and to the judge. Access is restricted to counsel for the USA, counsel for the specific defendant, the presiding judge, and the active magistrate judges. This document is not available for public inspection. 3. The Court directs the probation officer not to disclose the probation officer's confidential recommendation to any of the parties, except that the Probation Officer may, at the discretion of the presiding judge, disclose the conditions of supervision to the United States Attorney, the defendant's attorney, and the defendant. 4. The Court admonishes all counsel that they shall adhere to the time limits set forth in the Uniform Presentence Order to allow sufficient time for the Court to read and analyze the material that the Court receives. 5. The Court, on motion of either party or of the probation office, may modify the time requirements set forth in the Uniform Presentence Order subject to the provisions of 18 U.S.C. § 3552(d). (d) Responsibilities of the Clerk and Probation Office. 1. Within three (3) days after sentencing, the Clerk shall serve a copy of the judgment upon the parties and the United States Marshal. 2. Copies of the Statement of Reasons that the Clerk provides to the Court of Appeals for the Second Circuit shall include the Court's finding on unresolved objections.
Source of truth
(a) Order for Presentence Report. The Court will impose sentences without unnecessary delay following the completion of the presentence investigation and report. This Court adopts the use of a uniform presentence order. The uniform presentence order shall contain (1) the date
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 1, 2026
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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