People v. Zvonik

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 26, 1972, convicting him of criminal mischief in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. In our opinion, it was unlawful to compel defendant, over his objection, to submit to trial when the People had failed to serve an ordered bill of particulars. Until the service and filing of such a bill, proceedings upon the indictment are stayed (GPL 209.90, subd. 5). Furthermore, it was reversible error to suggest to the jury that the…