New York Court of Appeals
The People of the State of New York v. Michael Fitzgerald
November 30, 197845 N.Y.2d 574
Summary
The Court held that indictments charging criminally negligent homicide and assault in the third degree satisfy CPL 200.50(7) when a bill of particulars is provided to inform the defendant of the specific negligent conduct. Accordingly, the Appellate Division's dismissal of the counts was reversed and the matter remanded for the lower court to consider the sufficiency of the Grand Jury evidence.