PEOPLE v. PELT


157 Misc.2d 90 (1993)

596 N.Y.S.2d 301

The People of the State of New York, Plaintiff, v. Rita Pelt, Defendant.

Criminal Court of the City of New York, Kings County.

February 23, 1993


Attorney(s) appearing for the Case

Alan Nelson for defendant. Charles J. Hynes, District Attorney of Kings County (Tracey Kelly of counsel), for plaintiff.


WILLIAM GARNETT, J.

Can factual information contained in a bill of particulars which impeaches the factual allegations contained in an accusatory instrument be considered by a court on a motion to dismiss made pursuant to CPL 170.35 (1) (a)?

The information charges the defendant with menacing, reckless endangerment in the second degree and endangering the welfare of a child. The defense has moved to...

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