Opinion
April 24, 1967
Order of the County Court, Nassau County, dated May 16, 1966, reversed, on the law; demurrer disallowed; and indictment reinstated. In our opinion, the indictment was sufficient to withstand a demurrer (cf. People v. Major, 13 N.Y.2d 796). The allegations of the indictment must be accepted as true when challenged by demurrer ( People v. Post Std. Co., 18 A.D.2d 302, revd. on other grounds 13 N.Y.2d 185). So treated, the facts stated in the indictment are sufficient to constitute the crimes charged. Further particulars concerning the alleged crimes are a matter of evidence and need not be set forth in the indictment ( People v. Longo, 16 A.D.2d 297, 299). If respondent desires additional information as to the precise nature of the charges, he has the right to obtain a bill of particulars ( People v. Dabek, 18 A.D.2d 773). Ughetta, Acting P.J., Christ, Brennan, Benjamin and Munder, JJ., concur.