People v. Cohen
| Citation | 131 Misc.2d 898,502 N.Y.S.2d 123 |
| Parties | The PEOPLE of the State of New York v. Steven COHEN, Defendant |
| Decision Date | 10 April 1986 |
| Court | New York City Court |
Sirlin, Sirlin & Nolletti (James Nolletti, Mamaroneck, of counsel), for defendant.
People are not represented by counsel.
Defendant, by this instant motion, seeks discovery and inspection pursuant to Article 240 of the CPL, a Bill of Particulars pursuant to Section 100.45 of the CPL and dismissal pursuant to Section 170.30 of the CPL. Defendant's motion is denied as to the discovery and inspection and Bill of Particulars branches of the motion and is granted as to dismissal under CPL Section 170.30 for reasons more fully stated herein.
Section 240.40 of the CPL deals with discovery motions and delineates those instances where discovery is warranted when a defendant is charged by a simplified information (as defined in CPL Section 100.25) charging a traffic infraction. In order for defendant to be successful in his motion for discovery under CPL Section 240.40 a simplified information charging defendant with a Misdemeanor must be pending. Since this is not the case, defendant's request for discovery and inspection is denied.
Defendant's request for a Bill of Particulars must likewise be denied. CPL Section 100.45(4), enumerates those instances wherein the provisions of CPL Section 200.95 dealing with Bills of Particulars are applicable. Inasmuch as CPL Section 100.45(4) is devoid of any reference to a simplified information, it is the opinion of this Court that the Legislature made a concious effort to exclude simplified informations from the provisions of the CPL Section 200.95. Furthermore, Chapter 996 of the Laws of 1970, which repealed the Code of Criminal Procedure (CCP), and replaced it with the Criminal Procedure Law, contained a distribution table which listed those sections of the CCP from which the new sections of the CPL were derived. Those cases, which in the past held that Bills of Particulars were warranted in traffic offense cases, were decided under CCP Section 147-g. In 1970, that section was replaced by CPL Section 100.25(2). This particular section deals with supporting depositions and hence it can be inferred that the Legislature made a determination to exclude Bills of Particulars in those cases, including traffic offenses, where a simplified information is used as the accusatory instrument and to replace Bills of Particulars in cases...
To continue reading
Request your trial
-
People v. Canty
...which it must be rejected and the case dismissed. People v. Schuttinger, 143 Misc.2d 1032, 1035, 542 N.Y.S.2d 927 ; People v. Cohen, 131 Misc.2d 898, 900, 502 N.Y.S.2d 123 ; People v. Hust, 74 Misc.2d 887, 890, 346 N.Y.S.2d 303. See also People v. Key, 87 Misc.2d 262, 267, 391 N.Y.S.2d 781 ......
-
People v. Rittershaus
...affd. 89 N.Y.2d 960 [1997] ). A bill of particulars is not limited to felonies (see CPL § 100.45[4] and CPL § 200.95 ; People v. Cohen, 131 Misc.2d 898 [City Ct 1981] ). Where the accusatory instrument is a long form information, the rules governing a bill of particulars apply regardless of......
-
People v. Sorrentino
...all of the necessary elements of the offense charged, failing which it must be rejected and the case dismissed. People v. Cohen 131 Misc.2d 898, 900, 502 N.Y.S.2d 123 (City Court, City of Yonkers, 1986) ; People v. Hust, 74 Misc.2d 887, 890, 346 N.Y.S.2d 303 (County Court, Broome County, 19......
-
People v. Sorrentino
...all of the necessary elements of the offense charged, failing which it must be rejected and the case dismissed. People v. Cohen 131 Misc.2d 898, 900, 502 N.Y.S.2d 123 (City Court, City of Yonkers, 1986) ; People v. Hust, 74 Misc.2d 887, 890, 346 N.Y.S.2d 303 (County Court, Broome County, 19......