From Casetext: Smarter Legal Research

People v. Byrnes

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1987
126 A.D.2d 735 (N.Y. App. Div. 1987)

Opinion

January 26, 1987

Appeal from the County Court, Nassau County (Parker, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the evidence adduced at the trial, viewed in the light most favorable to the People, and giving the People the benefit of every reasonable inference to be drawn therefrom (see, People v. Benzinger, 36 N.Y.2d 29), proved beyond a reasonable doubt the defendant's intent to commit the crimes of which he was convicted.

Similarly, we reject the defendant's contention that the bill of particulars provided by the People was inadequate. The bill specified the substance of the defendant's conduct encompassed by the charges which the People intended to prove at the trial on their direct case (see, CPL 200.95 [a]), and contained all of the information which was necessary for the defense counsel to have in order to adequately prepare and conduct a defense (see, Bellacosa, Practice Commentary, McKinney's Cons Laws of N.Y., Book 11A, CPL 200.95, p 546).

Finally, we note that the jury, after hearing the entire charge, would have gathered from its language the correct rules to apply in reaching its verdict (see, People v. Hall, 82 A.D.2d 838). Niehoff, J.P., Kunzeman, Kooper and Sullivan, JJ., concur.


Summaries of

People v. Byrnes

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1987
126 A.D.2d 735 (N.Y. App. Div. 1987)
Case details for

People v. Byrnes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES F. BYRNES, Also…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 26, 1987

Citations

126 A.D.2d 735 (N.Y. App. Div. 1987)

Citing Cases

People v. Young

As we have previously guided, "the bill of particulars is meant to provide what the People intend to prove *…

People v. White

The Court has reviewed the Bill of Particulars and concludes that it provides Defendant with fair notice of…