Request For Bill of Particulars And Demand For Discovery

FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ___________________________________________ In the Matter of A Person Alleged to be a Juvenile Delinquent, Respondent. ___________________________________________ REQUEST FOR BILL OF PARTICULARS AND DEMAND FOR DISCOVERY DOCKET NO. PLEASE TAKE NOTICE, that pursuant to section 331.2 of the Family Court Act, the respondent demands that the presentment agency disclose to the respondent and make available for inspection, photographing, copying or testing, the following property: (a) any written, recorded or oral statement of the respondent, or by a co-respondent or co-defendant named in the petition, made other than in the course of the criminal transaction, to a public servant engaged in law enforcement activity or to a person then acting under his or her direction or in cooperation with him or her, (b) any transcript of testimony or statement relating to the action or proceeding pending against the respondent, given by a co-respondent or co-defendant named in the petition before any court of law or grand jury; (c) any written report or document, or portion thereof, concerning a physical or mental examination, or scientific test or experiment, relating to the proceeding which was made by, or at the request or direction of a public servant engaged in law enforcement activity, or which was made by a person whom the presentment agency intends to introduce at a hearing; (d) any photograph or drawing relating to the proceeding which was made or completed by a public servant engaged in law enforcement activity, or which was made by a person whom the presentment agency intends to call as a witness at a hearing, or which the presentment agency intends to introduce at a hearing; (e) any other property obtained from the respondent, or a co-respondent or corespondent, regardless of whether such property will be offered in evidence at a fact-finding hearing on the petition herein; (f) any tapes or other electronic recordings which the presentment agency intends to introduce at the fact-finding hearing, irrespective of whether such recording was made during the course of the criminal transaction; (g) anything required to be disclosed, prior to the fact-finding hearing, to the respondent by the presentment agency, pursuant to the Constitution of this State or of the United American LegalNet, Inc. www.USCourtForms.com States, including evidence tending to exonerate the respondent or detract from the quality of the evidence that he committed the acts alleged in the petit~on herein, particularly evidence indicating that the purported victim has been untruthful in her descriptions of facts related to the conduct alleged in the petition herein; (h) a list of the names and addresses of any potential witnesses that the presentment agency may call at a fact-finding hearing on the petition herein, together with any written or recorded statement, including any testimony before a grand jury, made by any person whom the presentment agency intends to call as a witness at the fact-finding hearing, and a record of judgment of conviction or the existence of any pending criminal action with respect to such person; (1) a list of any alleged prior illegal, vicious, or bad acts of the respondent known to the presentment agency that the presentment agency may use to impeach the credibility of the respondent, should the respondent choose to testify at a fact-finding hearing; (j) all reports, notes and memoranda prepared by police officers and other public servants during the course of the investigation of the incidents alleged in the petition; and (k) the names and badge numbers of all police officers who investigated any of the incidents underlying the allegations contained iii the petition herein. PLEASE TAKE FURTHER NOTICE that pursuant to section 330.1 of the Family Court Act the respondent requests that the respondent be provided with a Bill of Particulars containing the following information, without which the respondent cannot adequately prepare or conduct the defense: (a) the precise date, time and location at which it is alleged the respondent engaged in the conduct described in the petition with regard to each charge of which the respondent is accused; (b) the precise nature of any force, coercion, or intimidation that the respondent allegedly used during the conduct described in the petition with regard to each charge of which the respondent is accused; (c) the precise acts of deviate sexual intercourse in which it is alleged the respondent engaged during the commission of each charge of sodomy in the first degree of which the respondent is accused; (d) the identity of any individuals who were alleged to have been present during any of the conduct described in the petition with regard to each charge of which the respondent is accused; (e) the identity of any individuals to whom the purported victim has made any statement that the respondent did or did not engage in any of the conduct alleged in the petition; (f) specification of each and every act or statement of the respondent or corespondent during any of the conduct described in the petition reflecting the specific intent to cause physical injury; American LegalNet, Inc. www.USCourtForms.com (g) each and every specific physical and/or verbal act of this respondent which allegedly caused physical injury in violation of Penal Law section 120.00(1); and, (h) each and every specific physical injury alleged to have resulted from the acts particularized in request "(g)" above. Dated: ___________________, New York ___________________, _____ Yours, __________________________________ Attorney for Respondent P.O. Address: Phone No.: TO: ___________________________ Assistant County Attorney __________________, New York Clerk of Court American LegalNet, Inc. www.USCourtForms.com