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PEOPLE v. GELY

55 A.D.2d 626 (1976)

The People of the State of New York, v. Ben Gely, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 13, 1976

Judgment affirmed. People v Zvonik (40 A.D.2d 840) is inapplicable.

In that case the defendant objected to going to trial without the previously ordered bill of particulars. Hence, we reversed for noncompliance with the provisions of CPL 200.90 (subd 5). At bar, the defendant proceeded to trial without objection. Furthermore, the information sought by the bill of particulars was already in the possession of the defendant...

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