Judgment reversed, on the law, and new trial ordered.
In our opinion, it was unlawful to compel defendant, over his objection, to submit to trial when the People had failed to serve an ordered bill of particulars. Until the service and filing of such a bill, proceedings upon the indictment are stayed (CPL 200.90, subd. 5). Furthermore, it was reversible error to suggest to the jury that the testimony of the complaining witness was truthful and that merely because...
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