2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 200 - Indictment and Related Instruments › 200.95 - Indictment; Bill of Particulars.

§ 200.95 Indictment; bill of particulars.
1.  Definitions.  (a)  "Bill of particulars" is a written statement by
the prosecutor specifying, as required by this section, items of factual
information which are not recited in the indictment and which pertain to
the offense charged and including  the  substance  of  each  defendant's
conduct  encompassed  by  the charge which the people intend to prove at
trial on their direct case, and whether the people intend to prove  that
the  defendant  acted  as  principal or accomplice or both, and items of
factual information which  are  not  recited  in  a  special  forfeiture
information  or  prosecutor's  forfeiture  information containing one or
more forfeiture counts and  which  pertain  to  the  substance  of  each
defendant's conduct giving rise to the forfeiture claim, the approximate
value  of property for which forfeiture is sought, the nature and extent
of the defendant's interest in such property,  and  the  extent  of  the
defendant's  gain,  if  any,  from  the  offense  charged.  However, the
prosecutor shall not be required to include in the bill  of  particulars
matters  of  evidence  relating  to  how  the people intend to prove the
elements of the offense charged or how the people intend  to  prove  any
item of factual information included in the bill of particulars.
(b) "Request for a bill of particulars" is a written request served by
defendant upon the people, without leave of the court, requesting a bill
of particulars, specifying the items of factual information desired, and
alleging that defendant cannot adequately prepare or conduct his defense
without the information requested.
2.  Bill of particulars upon request. Upon a timely request for a bill
of particulars by a defendant against whom an indictment is pending, the
prosecutor shall within fifteen days of the service of the request or as
soon thereafter as is practicable,  serve  upon  the  defendant  or  his
attorney,  and  file  with the court, the bill of particulars, except to
the extent the prosecutor shall have refused to comply with the  request
pursuant to subdivision four of this section.
3. Timeliness of request. A request for a bill of particulars shall be
timely  if  made  within  thirty  days  after arraignment and before the
commencement of trial. If the defendant is not represented  by  counsel,
and  has  requested  an adjournment to obtain counsel or to have counsel
assigned, the thirty day period shall commence, for the  purposes  of  a
request  for a bill of particulars by the defendant, on the date counsel
initially  appears  on  his  behalf.  However,  the  court  may   direct
compliance with a request for a bill of particulars that, for good cause
shown, could not have been made within the time specified.
4.  Request  refused.  The  prosecutor  may  refuse to comply with the
request for a bill of particulars or any portion of the  request  for  a
bill  of  particulars to the extent he reasonably believes that the item
of factual information requested is not authorized to be included  in  a
bill of particulars, or that such information is not necessary to enable
the  defendant  adequately  to prepare or conduct his defense, or that a
protective order would be warranted or that the demand is untimely. Such
refusal shall be made in a writing, which shall set forth the grounds of
such belief as fully as possible, consistent with  the  reason  for  the
refusal.  Within  fifteen  days  of the request or as soon thereafter as
practicable, the refusal shall be served upon the defendant and  a  copy
shall be filed with the court.
5.  Court  ordered  bill of particulars. Where a prosecutor has timely
served a written refusal pursuant to subdivision four  of  this  section
and upon motion, made in writing, of a defendant, who has made a request
for  a  bill of particulars and whose request has not been complied with
in whole or in part, the court must, to the extent a protective order is
not warranted, order the prosecutor to comply with the request if it  is

satisfied that the items of factual information requested are authorized
to  be  included  in a bill of particulars, and that such information is
necessary to enable the defendant adequately to prepare or  conduct  his
defense  and,  if  the request was untimely, a finding of good cause for
the delay. Where a prosecutor has not timely served  a  written  refusal
pursuant  to  subdivision four of this section the court must, unless it
is satisfied that the people have shown good cause  why  such  an  order
should  not be issued, issue an order requiring the prosecutor to comply
or providing for any other order authorized by section  245.80  of  this
part.
6.  Motion procedure. A motion for a bill of particulars shall be made
as prescribed in  section  255.20.  Upon  an  order  granting  a  motion
pursuant to this section, the prosecutor must file with the court a bill
of  particulars,  reciting  every  item of information designated in the
order, and serve a copy thereof upon the defendant. Pending such  filing
and service, the proceedings are stayed.
7.  Protective  order.  (a)  The court in which the criminal action is
pending may, upon motion of the prosecutor, or of any  affected  person,
or  upon determination of a motion of defendant for a court ordered bill
of particulars, or upon its own initiative,  issue  a  protective  order
denying,  limiting,  conditioning,  delaying  or  regulating the bill of
particulars for good cause, including constitutional limitations, danger
to the integrity of physical evidence or a substantial risk of  physical
harm,  intimidation, economic reprisal, bribery or unjustified annoyance
or embarrassment to any person or an adverse effect upon the  legitimate
needs   of   law   enforcement,   including   the   protection   of  the
confidentiality of informants, or any other factor  or  set  of  factors
which outweighs the need for the bill of particulars.
(b)  An  order limiting, conditioning, delaying or regulating the bill
of particulars may, among other things, require that any material copied
or derived therefrom be maintained in the exclusive  possession  of  the
attorney  for  the  defendant  and  be used for the exclusive purpose of
preparing for the defense of the criminal action.
8. Amendment. At any time before commencement of trial, the prosecutor
may, without leave of the court, serve upon defendant and file with  the
court  an  amended  bill  of particulars. At any time during trial, upon
application of the prosecutor and with notice to the  defendant  and  an
opportunity  for  him  to be heard, the court must, upon finding that no
undue prejudice will accrue to defendant and  that  the  prosecutor  has
acted  in  good  faith,  permit  the  prosecutor  to  amend  the bill of
particulars. Upon any amendment of the bill of  particulars,  the  court
must,  upon  application  of  defendant,  order  an  adjournment  of the
proceedings or any other action  it  deems  appropriate  which  may,  by
reason  of  the  amendment,  be  necessary  to  accord  the defendant an
adequate opportunity to defend.