People v. Schade

This is a motion by the defendant to vacate and set aside a demand for a bill of particulars served upon defendant’s attorney, pursuant to the provisions of section 295-1 of the Code of Criminal Procedure. The motion is based upon the ground (1) that the district attorney is guilty of laches in demanding the bill of particulars, and (2) that section 295-1, supra, is unconstitutional because it deprives the defendant of rights guaranteed to him by both the Federal and State Constitutions.

The court is appreciative of the assistance given in the determination of this question by the arguments…