Legal Opinion

People v. Earel

Appellate Division of the Supreme Court of the State of New York

Decided October 19, 1995PublishedCited by 10 opinions

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

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
  3. People v. GutkaissAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. PassengerAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. BeauchampNew York Supreme Court · 1985

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3Cited by10 opinions

  1. People v. GreenAppellate Division of the Supreme Court of the State of New York · 2021
  2. People v. ZuritaAppellate Division of the Supreme Court of the State of New York · 2009
  3. Brown v. BlumenfeldAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. Loomis, New York County Courts1997
  5. Matter of Swack v. SchneidermanAppellate Division of the Supreme Court of the State of New York · 2017

5 more not listed; retrieve them via the Exa API.

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