People v. Shapiro

Appellate Division of the Supreme Court of New York

People v. Shapiro

27 A.D.2d 954, 279 N.Y.S.2d 220

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 24, 1967

StatusPublished

This text of 27 A.D.2d 954 (People v. Shapiro) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Shapiro, 27 A.D.2d 954, 279 N.Y.S.2d 220 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order of the County Court, Nassau County, dated May 16, 1966, reversed, on the law; demurrer disallowed; and indictment reinstated. In our opinion, the indictment was sufficient to withstand a demurrer (cf. People v. Major, 13 N Y 2d 796). The allegations of the indictment must be accepted as true when challenged by demurrer (People v. Post Std. Co., 18 A D 2d 302, revd. on other grounds 13 N Y 2d 185). So treated, the facts stated in the indictment are sufficient to constitute the crimes charged. Further particulars concerning the alleged crimes are a matter of evidence and need not be set forth in the indictment (People v. Longo, 16 A D 2d 297, 299). If respondent desires additional information as to the precise nature of the charges, he has the right to obtain a bill of particulars (People v. Dabek, 18 A D 2d 773). Ughetta, Acting P. J., Christ, Brennan, Benjamin and Munder, JJ., concur.

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Order of the County Court, Nassau County, dated May 16, 1966, reversed, on the law; demurrer disallowed; and indictment reinstated. In our opinion, the indictment was sufficient to withstand a demurrer (cf. People v. Major, 13 N Y 2d 796). The allegations of the indictment must be accepted as true when challenged by demurrer (People v. Post Std. Co., 18 A D 2d 302, revd. on other grounds 13 N Y 2d 185). So treated, the facts stated in the indictment are sufficient to constitute the crimes charged. Further particulars concerning the alleged crimes are a matter of evidence and need not be set forth in the indictment (People v. Longo, 16 A D 2d 297, 299). If respondent desires additional information as to the precise nature of the charges, he has the right to obtain a bill of particulars (People v. Dabek, 18 A D 2d 773). Ughetta, Acting P. J., Christ, Brennan, Benjamin and Munder, JJ., concur.

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Bluebook (online)

27 A.D.2d 954, 279 N.Y.S.2d 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shapiro-nyappdiv-1967.