(DOWNLOAD) "People State New York v. Gordon Edward Hendricks" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Gordon Edward Hendricks
- Author : Supreme Court of New York
- Release Date : January 10, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
[31 A.D.2d 982 Page 982] Appellant seeks to vacate his conviction upon the ground that he requested a bill of particulars with respect to one of the three short form indictments returned against him, which bill, he alleges was not supplied. He maintains that his pela of guilty was not a waiver of this defect since his fundamental right to know exactly what charges were laid against him was not waivable; and the plea was not intelligently made as the multiplicity of offenses to which he pleaded at the same time confused him as to the precise crimes he was admitting, particularly as the information charging the particular burglary involved
had been dismissed after a preliminary hearing. While the record has no proper support for appellant's assertions that the bill of particulars was requested and not supplied, assuming arguendo that such factual claims were established, the issue of a failure to provide a bill of particulars cannot properly be raised after judgment. It is well settled that an attack upon the sufficiency of an indictment must be made at or before the time of judgment (People v. Willett, 213 N. Y. 368; People ex rel. Wheeler v. McMann, 24 A.D.2d 786), unless the defect in question deprives the court of jurisdiction which is not the case here (see People v. Langford, 16 N.Y.2d 32), and the indictment and the bill of particulars, particularly whereas here a short form indictment is involved, are so interrelated (see People v. Ercole, 308 N. Y. 425) that the same rule as to the timeliness of an attack upon their [31 A.D.2d 982 Page 983]
 "People State New York v. Gordon Edward Hendricks" by Supreme Court of New York " Book PDF Kindle ePub Free){kind=link}