PEOPLE v. EAREL


220 A.D.2d 899 (1995)

632 N.Y.S.2d 689

The People of the State of New York, Respondent, v. Harley H. Earel, Appellant

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

October 19, 1995


Casey, J.

Defendant first contends that the bill of particulars provided by the prosecution was insufficient. A bill of particulars is not a discovery device; it serves to clarify the pleading (People v Davis, 41 N.Y.2d 678, 680). Defendant requested a bill of particulars stating the date, time and place of the alleged rape and the conduct which constituted forcible compulsion within the meaning of Penal Law...

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