United States v. Bozza
Decision Date | 25 September 1964 |
Docket Number | No. 64-CR-260.,64-CR-260. |
Citation | 234 F. Supp. 15 |
Parties | UNITED STATES of America v. Daniel BOZZA et al., Defendants. |
Court | U.S. District Court — Eastern District of New York |
Joseph P. Hoey, U. S. Atty., Eastern District of New York, Martin R. Pollner, Asst. U. S. Atty., of counsel, for United States of America.
Jerome Lewis, Brooklyn, N. Y., for defendant Anthony Santangelo.
This is a motion for a bill of particulars pursuant to Rule 7(f) of the Federal Rules of Criminal Procedure, 18 U.S. C.A., by the defendant Anthony Santangelo. The offenses alleged against this defendant are contained in fourteen counts of the indictment and constitute a series of acts committed with a number of others, involving the theft of United States Postal Money Orders, the transportation in interstate commerce, the forging, passing and publishing of said money orders, and a conspiracy to commit such acts, all in violation of Title 18 of the United States Code, Sections 2314, 2115, 641, 500, 371 and 2.
The demand is for particulars with respect to the following:
After due consideration, the Court is of the following opinion:
Demands No. 1 and No. 2 having been consented to, are granted.
Demand No. 3. The indictment sets forth with sufficient clarity the criminal acts alleged to have been committed by the defendant and the role he played in connection therewith. He is not entitled to know "the means by which it is claimed he so performed such acts", inasmuch as such information falls within the category of evidence. United States v. Brennan, D.Minn.1955, 134 F.Supp. 42, 52-53. Denied.
Demand No. 4. Defendant is charged with conspiracy as well as with substantive offenses, some of which are clearly of a continuous nature. There is nothing in the defendant's affidavit which indicates that this information is necessary to enable him to prepare for trial or to prevent a surprise. Moreover, to require the Government to furnish this information under the circumstances would not only unduly restrict its proof but would also enable defendant in case of an immaterial discrepancy between the bill of particulars and the testimony to introduce an element of confusion to the jury. United States v. Kahaner, S.D. N.Y.1962, 203 F.Supp. 78, 84, aff'd, 2 Cir.1963, 317 F.2d 459, cert. denied, 1963, 375 U.S. 836, 84 S.Ct. 74, 11 L.Ed.2d 65. Denied.
Demand No. 5. This is a legitimate request, United States v. Vasquez, S.D.N.Y.1958, 25 F.R.D. 350, cert. denied, 1961, 365 U.S. 887, 81 S.Ct. 1040, 6 L.Ed.2d 197; United States v. Bentvena, S.D.N.Y.1960, 193 F.Supp. 485, 499, aff'd, 2 Cir.1963, 319 F.2d 916, cert. denied, 1963 Ormento v. U. S., Di Pietro v. U. S., Fernandez v. U. S., Panico v. U. S., Galante v. U. S., Loicano v. U. S., Mancino v. U. S., Sciremammano v. U. S., Mirra v. U. S., 375 U.S. 940, 84 S. Ct. 345, 346, 353, 355, 360, 11 L.Ed.2d 271, 272,...
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