People v. Iannone

In People v. Iannone (45 N.Y.2d 589 [1978]) the Court of Appeals held that an indictment was not defective on its face even if the People elected to file a bare bones indictment that did little more than set forth the necessary elements of the crime. The Court also held, however, that, upon a proper request by a defendant for a bill of particulars or for discovery, the People must allege specific facts to meet the requirements of CPL 200.50 (7). This is necessary for two reasons. First, due process requires that the defendant is entitled to know what he is accused of so that he can prepare a defense. Second, the accusation must be specific enough so that if he is acquitted or convicted he can assert the judgment as a bar to a second prosecution for the same offense.