Legal Opinion

People on the Complaint of Capell v. Palmer

New Rochelle City Court

Decided February 7, 1939PublishedCited by 2 opinions

1Opinion of the CourtFasso, J.

This is a motion made by the defendant for a bill of particulars in connection with an information by which the defendant is charged with keeping and maintaining a disorderly house (Penal Law, § 1146).

There is no statutory authority by virtue of which a defendant, charged with a misdemeanor in a Court of Special Sessions, is entitled to a bill of particulars. There are no reported cases, apparently, in which the precise point has been considered and decided.

The only provision in the Code of Criminal Procedure which relates to bills of particulars is found in the chapter on simplified…

2Cases cited4 opinions

  1. Tilton v. . BeecherNew York Court of Appeals · 1874
  2. People v. RosenAppellate Division of the Supreme Court of the State of New York · 1937
  3. People v. FlorenceNew York Court of General Session of the Peace · 1933
  4. People v. Moskowitz, New York County Courts1922

3Cited by2 opinions

  1. People v. Ricci, New York County Courts1969
  2. People v. CavalierSuffolk County District Court · 1968

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