People v. Bohoy

CourtNew York Court of Special Sessions
Citation307 N.Y.S.2d 254,61 Misc.2d 1096
Decision Date05 February 1970
PartiesThe PEOPLE of the State of New York, Plaintiff, v. Michael BOHOY, Defendant.

Page 254

307 N.Y.S.2d 254
61 Misc.2d 1096
The PEOPLE of the State of New York, Plaintiff,
v.
Michael BOHOY, Defendant.
Court of Special Sessions of Village of Watkins Glen,
Schuyler County.
Feb. 5, 1970.

Page 257

William N. Ellison, Dist. Atty., for the People.

William C. Elkins, Public Defender, for defendant.

ROBERT L. FLACK, Village Justice.

An information was filed with this Court sworn to by Linda Lee Mathews, which charges the defendant with the crime of Petit Larceny, Section 155.25 of the Penal Law of the State of New York. The attorney for the defendant has moved this Court for an Order directing that a Bill of Particulars in furtherance of such information be filed. No specific request for the particulars desired by said counsel was set forth. [61 Misc.2d 1097] Said counsel has also made a motion that the Information be dismissed on the grounds that the informant did not have personal knowledge of all the material allegations set forth therein. The information in question ws sworn to by the informant before another judge who issued a warrant thereon and said informant has never been examined by this Court. The information does not denote therein that the same is made upon information and belief by the informant. The information on its face sets forth necessary information as to the time and place of occurrence, description and value of the property taken and the name of the owner thereof, who is said to be the informant. The information states that the Defendant 'did steal property belonging to another * * *.' This seems sufficient although perhaps a better phrase would be 'that the defendant with the intent to deprive the owner of her property did take the same without her consent.' The word 'steals' is set forth in Section 155.05, of the Penal Law and is apparently all inclusive and can be used in the information.

The procedures concerning Bills of Particulars in furtherance of short form indictments are set forth in Chapter III--a of the Code of Criminal Procedure. Bills of Particulars can also be obtained in furtherance of long term indictments, 'Where justice demands a party be apprised of charges with greater particularity (People v. Stedeker, 175 N.Y. 57, 67 N.E. 132), or where there is doubt as to some particular of the offense charged, the proper remedy is a motion for a bill of particulars (People v. Schubert, 140 Misc. 689, 251 N.Y.S. 390). Cf. Paperno and Goldstein, Criminal Procedure in New York, Page 293. A motion for a Bill of Particulars in furtherance of a long form indictment will be denied where the motion is brought for exploratory purposes only. People v. Matera, 52 Misc.2d 674, 276 N.Y.S.2d 776. The decision to grant a motion for a Bill of Particulars in always discretionary with the Court and will only be granted for the reasons stated above. People v. Ricci, 59 Misc.2d 259, 298 N.Y.S.2d 637. This Court knows of no case

Page 258

where a Bill of Particulars has been ordered in connection with a criminal proceeding prosecuted by information rather than indictment and none has been cited by counsel. The information when properly drawn should suffice to give the defendant notice of the charge against him and the particulars thereof as hereinafter stated. The information before this court appears to be properly drawn and to sufficiently inform the defendant of the charge against him and the particulars of such charge which he is entitled to know. Furthermore the motion for a Bill of Particulars appears to be exploratory in nature and related to [61 Misc.2d 1098] an attempt to demonstrate that the informant did not have knowledge of all of the material allegations set...

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1 practice notes
  • People v. Wood
    • United States
    • New York Justice Court
    • February 10, 1978
    ...to place on foot without first obtaining a license as required by the Code. The information is sufficient on its face. People v. Bohoy, 61 Misc.2d 1096, 307 N.Y.S.2d 254, Practice Commentary CPL § Defendants also attack the statute as being vague in that a determination is required by some ......
1 cases
  • People v. Wood
    • United States
    • New York Justice Court
    • February 10, 1978
    ...to place on foot without first obtaining a license as required by the Code. The information is sufficient on its face. People v. Bohoy, 61 Misc.2d 1096, 307 N.Y.S.2d 254, Practice Commentary CPL § Defendants also attack the statute as being vague in that a determination is required by some ......

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