new york criminal bill of particulars cpl

The undisputed facts are also set forth in the undersigned's prior Decisions and Orders dated Jand Jwhich are incorporated by reference herein - the latter being a decision on the omnibus motion.ĭefendant faces a four-count indictment. In disposing of the motion, the Court finds and determines as follows:įor purposes of deciding the various branches of defendant's motion, the Court shall set forth an abbreviated recitation of the relevant facts, as necessary, as well as the significant procedural history.

People's Affirmation in Response Attachments.

Notice of Motion Defense's Affirmation in Support Exhibits A-J.

GONZALEZ-MENDOZA (defendant) requesting various forms of relief: (a) made pursuant to CPL 200.95 to compel the People to comply with his demand for a bill of particulars and accordingly respond to same (b) compel the People to furnish certain discovery in compliance with CPL article 245 by supplying raw electronic laboratory data and the standard operating procedures from the New York State Police Forensic Investigation Center and/or the Crime Laboratory System (c) suppressing the DNA paternity test conducted or, alternatively, holding a Frye hearing to determine whether the procedures followed for the paternity test are generally accepted within the relevant scientific community (d) directing the People to file a supplemental certificate of compliance (e) conducting a CPL 30.30 (5) hearing to determine the validity of the People's certificates of compliance and fashioning any appropriate remedy and (f) granting defendant leave to file additional or supplemental motions if needed under CPL 255.20: The following papers were read and considered on the motion (mot. Gonzalez-MendozaĮmail: County District Attorney's Office

This opinion is uncorrected and subject to revision before publication in the printed Official Reports.Īttorneys for Defendant Darwin S. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

New york criminal bill of particulars cpl