In fact, the letter enclosing the Demand for Verified Bill of Particulars indicating that same was “In regards to the Court’s decision to allow testimony of alleged prior bad acts.” Those alleged “prior bad acts” are outside the scope of CPL §200.95(1) as they are not an amplification of the allegations in the indictment. Acts prior to Jare those in the People’s Molineux application. The Demand for Bill of Particulars directly relates to “acts of sexual contact” “prior to July 4, 2019.” Acts alleged in the indictment occurred after July 4 and through July 8, 2019. ( Id.) Defense counsel’s Demand for Bill of Particulars does not request any factual information not recited in the indictment which the people intend to prove in their direct case. As such, the People are not required to set forth evidence that they intend to introduce at trial. The Bill of Particulars is not intended to be a discovery device but is intended to clarify the charges in the indictment. Dziedzic, 140 A.D.2d 737 ), quoting Bellacosa, Practice Commentary, McKinney’s Cons Laws of NY, Book 11A, CPL 200.95, at 546). Pursuant to CPL §200.95(1), the Bill of Particulars is “a written statement by the prosecutor specifying…items of factual information which are not recited in the indictment and which pertain to the offense charged and including the substance of each defendant’s conduct encompassed by the charge which the people intend to prove at trial on their direct case…” The purpose of the bill of particulars is “to disclose more specifically the crime or crimes charged in the indictment and to provide amplification and clarification of certain matters set forth in the pleading.” ( People v. On or about March 18, 2022, the People responded indicating their refusal to comply with the Demand pursuant to CPL §200.95(4). On or about February 22, 2022, the defendant served a Demand for a Verified Bill of Particulars on the People. Defense counsel has made a motion to compel the People to supply a response to the Defendant’s Demand for a Verified Bill of Particulars and in the alternative precluding the People from offering any evidence which would have been responsive to the verified Bill of Particulars. ADDITIONAL INDEX NUMBERS #2020-1164 DECISION/ORDER Defendant is charged with Sexual Abuse in the First Degree (2 counts) and Endangering the Welfare of a Child.
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