People v. Brodsky

15 Misc. 2d 594, 183 N.Y.S.2d 57, 1957 N.Y. Misc. LEXIS 3135

Opinion

Thomas Dickens, J.

Considered in the order of their enumeration by cardinal numbers in the notice of motion for a bill of particulars of the allegations in the indictment charging the crimes of criminally buying and receiving stolen property as a felony and criminally concealing and withholding a stolen and wrongfully acquired property as a felony, the demands are disposed of as follows:

1. Denied as to the date of the alleged crime (see People v. Parkinson, 181 Misc. 603; People v. Buchalter, 44 N. Y. S. 2d 449; Code Crim. Pro., § 280).

2. Granted to the extent only of supplying a description of the property involved (see People v. Nussbaum, 87 Misc. 269).

3. Denied as to the “ person or persons ” from whom defendant allegedly “ bought and received or obtained ” such property (see People v. Buchalter, supra; People v. Marino, 271 N. Y. 317; People v. Weldon, 111 N. Y. 569, 574; People v. Nussbaum, supra).

4. Denied as to the place where the property was ‘ ‘ bought and received or obtained” (see People v. Jordan, 128 N. Y. S. 2d 457, 460; People v. Keohane, 201 Misc. 597; People v. Buchalter, supra).