You are on page 1of 36
‘Ata term of the County Court ‘of the State of New York, held in and for the County of St. Lawrence, 48 Court Stret, Cantog, New York, on the day of May 2015, COUNTY COURT OF THE STATE OF NEW YORK COUNTY OF ST. LAWRENCE. PRESENT: HON, JEROME J. RICHARDS ORDER TO SHOW CAUSE, ‘THE PEOPLE OF THE STATE OF NEW YORK, INDICTMENT #: 2015-015 -against- INDEX #: 22300 ORAL NICHOLAS HILLARY, Defendant, Upon the reading the annexed affirmation of Defendant's Counsel, Edward F. Narrow, sq. of DUMAS & NARROW, P-C., and all other papers and pleadings heretofore: Let, the People of the State of New York, represented by the St, Lawrence County District Attomey show cause before the St. Lawrence County Court atthe St, Lawrence County ‘Courthouse, Canton, New York, ata term to be held on. Ma 12015 a 222 f*__ of that day or as soon thereafter as counsel can be heard, why an Order should not be made and entered: 1. Ordering the District Attomey of St. Lawrence to comply with Defendant's Discovery Demand served on or about February 2, 2015; 2. Ordering the District Attomey of St. Lawrence County to comely with Defendant's Demand for a Bill of Particulars served on or about February 2, 2015; 3. Ordering the District Attomey of St. Lawrence County to allow this Cour to conduct ‘an in camera inspection of the entre file maintained by the District Attomey to ensure ‘compliance with their ongoing Brady Obligation; and 4. Granting such other and further relief asthe Court may deem just and prope, SUFFICENT REASON APPEARING THERFOR; ORDERED, that a service of copy ofthis Order to Show Cause, the papers upon which it is granted be made by personal service upon, the Hon. Mary E. Rain, Esq, St. Lawrence County Distict Attomey, at 48 Court Street, Canton, New York, 13617 on or before $109 pm. 2 May 4, 2085, be deemed good and sufficient service. DATED: Mas 4, 2015. ENTER, NN. JEROME RICHARDS chav Ao AS COUNTY COURT OF THE STATE OF NEW YORK COUNTY OF ST. LAWRENCE : PEOPLE OF THE STATE OF NEW YORK, ATTORNEY AFFIRMATION sci: 2015-015 -agains- INDEX #22300 ORAL NICHOLAS HILLARY, Defendant. Edward F, Narrow, an attorney duly admitted to practice law inthe Courts ofthe State Of New York, does hereby affirm pursuant to CPLR 2106: 1. Tam an atomey duly admited before this Cour, Lam a partner at Dumas & Nao, PC, which represents the defendant in this mate. I make this affirmation in support ‘ofthe defendant's Oder to Show Cause compelling the Distt Attomey to comply with the Defendant's Demand for Bil of Pariculas pursuant o CPL § 200.95 and Defendant's Demand for Discovery and Inspection pursuant to CPL § 240.20 (1a), served ono about February 2, 2015. 2. This affirmation is made upon information and belief: The source of my information and belief includes legal research and factual investigations undertaken by this office «review ofthe previously received discovery from the St. Lawrence County Distict Attomey’s Office, ‘my conversations with members ofthe Potsdam Police Department, and a review ofthe file. I. DEFENDANT'S REQUEST TO COMPEL THIS COURT TO ORDER A BILL OF PARTICULARS. 3, The Defendant as previously served and filed a Demand a Bill of Particulars on or shout February 2, 2015, A copy ofthe Demand fora Bill of Particulars is tached hereto as Exhibit“A”, Although a bill of particular does not qualify a a true discovery device it places an obligation upon the prosecution once demanded by the defendant to “define more specifically” th actions of the defendant that are the basis ofthe eiminal charges, and to ‘mabe the defendant to prepare his defense Se, People v. Davis, 41 N.¥.2d 678,394 N.YS.2d 865, 363 N.£.2d 572 (1977). The prosecution is required to provide “items of factual information” necessary neded to enable the defendant adequately prepare or conduct the defense. See, People. v. Tavlor, 74 A.D-2d 177, 427 N.Y.S.2d 439 (2d Dep't 1980), 4. This Orders sought pursuant to Section $200.95 of the Criminal Procedure Law of the State of New York, the “informing” requirements ofthe Constitution ofthe State of New ‘York andthe United States, due process concepts of Fundamental faimess, and under the authority of People v. Tavlor, 74 A.D.2d 177, 427 N.Y.S.2d 439 (2™ Dept. 1980); People v. 244 NL. 413, 185 NIE. 74 (1927) and People v, Iannone, 45 N.Y.24 589,412 N.YS.2d 110, 384 N.E.24 656 (1978). The aforementioned cases compel this Court to require and direct the District Attomey of St Lawrence County to file withthe Court, Bill of Paniculrs in the above-enttled prosecution and seve the same upon the defendants attorney making known tothe accused that information sought by Mr. Hillary in his Demand fora Bill of Particulars 5. This relief is appropriate upon the District Attorney's failure to respond to this