People v. Earel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Casey, J.
Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered June 20, 1994, upon a verdict convicting defendant of the crime of rape in the first degree.
Defendant first contends that the bill of particulars provided by the prosecution was insufficient. A bill of particulars is not a discovery device; it serves to clarify the pleading (People v Davis, 41 NY2d 678, 680). Defendant requested a bill of particulars stating the date, time and place of the alleged rape and the conduct which constituted forcible compulsion within the meaning of Penal Law § 130.35. The…
2Cases cited6 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
- People v. GutkaissAppellate Division of the Supreme Court of the State of New York · 1994
- People v. PassengerAppellate Division of the Supreme Court of the State of New York · 1991
- People v. BeauchampNew York Supreme Court · 1985
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3Cited by10 opinions
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- People v. ZuritaAppellate Division of the Supreme Court of the State of New York · 2009
- Brown v. BlumenfeldAppellate Division of the Supreme Court of the State of New York · 2002
- People v. Loomis, New York County Courts1997
- Matter of Swack v. SchneidermanAppellate Division of the Supreme Court of the State of New York · 2017
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