People v. Sedlock

In People v. Sedlock, 8 NY3d 535 (2007) the Court of Appeals dismissed a Criminal Court Information alleging that Defendant had committed Forcible Touching on one occasion within a seven month period. n determining whether the time frame was excessive, the Court applied a balancing test, considering factors such as the People's good faith in seeking more specific information; the age and intelligence of the victim; and the surrounding circumstances. (8 NY3d at 539.) The Court determined that because the People had occasion to learn the date of the alleged crime with greater specificity, their failure to narrow the broad time frame by amendment to the Complaint or Bill of Particulars prejudiced the defendant's ability to prepare an effective defense. Supra.