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Article 200 - NY Criminal Procedure Law

• NY Laws ›
• CPL ›
• Part 2 ›
• Title I ›
• Article 200

S 200.10 Indictment; definition.
  An indictment is a written accusation by a grand jury, filed with a
superior court, charging a person, or two or more persons jointly, with
the commission of a crime, or with the commission of two or more
offenses at least one of which is a crime. Except as used in Article
190, the term indictment shall include a superior court information.

S 200.15 Superior court information; definition.
  A superior court information is a written accusation by a district
attorney filed in a superior court pursuant to article one hundred
ninety-five, charging a person, or two or more persons jointly, with the
commission of a crime, or with the commission of two or more offenses,
at least one of which is a crime.  A superior court information may
include any offense for which the defendant was held for action of a
grand jury and any offense or offenses properly joinable therewith
pursuant to sections 200.20 and 200.40, but shall not include an offense
not named in the written waiver of indictment executed pursuant to
section 195.20.  A superior court information has the same force and
effect as an indictment and all procedures and provisions of law
applicable to indictments are also applicable to superior court
informations, except where otherwise expressly provided.

S 200.20 Indictment; what offenses may be charged; joinder of offenses
              and consolidation of indictments.
   1. An indictment must charge at least one crime and may, in  addition,
  charge  in  separate  counts one or more other offenses, including petty
  offenses, provided that all such offenses are joinable pursuant  to  the
  principles prescribed in subdivision two.
    2. Two offenses are "joinable" when:
    (a)  They  are  based  upon  the  same  act  or upon the same criminal
  transaction, as that term is  defined  in  subdivision  two  of  section
  40.10; or
    (b)  Even  though  based  upon  different  criminal transactions, such
  offenses, or the criminal transactions  underlying  them,  are  of  such
  nature  that  either  proof  of  the first offense would be material and
  admissible as evidence in chief upon a trial of the second, or proof  of
  the  second would be material and admissible as evidence in chief upon a
  trial of the first; or
    (c) Even though based upon different criminal transactions,  and  even
  though not joinable pursuant to paragraph (b), such offenses are defined
  by  the  same  or  similar statutory provisions and consequently are the
  same or similar in law; or
    (d) Though not directly joinable with each other pursuant to paragraph
  (a), (b) or (c), each is so joinable with a third offense  contained  in
  the indictment. In such case, each of the three offenses may properly be
  joined  not  only  with  each of the other two but also with any further
  offense joinable with either of the other two, and the chain of  joinder
  may be further extended accordingly.
    3.  In  any  case  where  two  or  more offenses or groups of offenses
  charged in an indictment are based upon different criminal transactions,
  and where their  joinability  rests  solely  upon  the  fact  that  such
  offenses,  or as the case may be at least one offense of each group, are
  the  same  or  similar  in  law,  as  prescribed  in  paragraph  (c)  of
  subdivision  two,  the  court,  in  the interest of justice and for good
  cause shown, may, upon application of either a defendant or the  people,
  in its discretion, order that any such offenses be tried separately from
  the other or others thereof. Good cause shall include but not be limited
  to situations where there is:
    (a)  Substantially  more  proof  on one or more such joinable offenses
  than on others and there is a substantial likelihood that the jury would
  be unable to consider  separately  the  proof  as  it  relates  to  each
  offense.
    (b) A convincing showing that a defendant has both important testimony
  to  give  concerning  one  count  and  a  genuine  need  to refrain from
  testifying on the other, which satisfies the  court  that  the  risk  of
  prejudice is substantial.
    (i)  Good  cause,  under  this  paragraph  (b),  may be established in
  writing or upon oral  representation  of  counsel  on  the  record.  Any
  written or oral representation may be based upon information and belief,
  provided  the sources of such information and the grounds of such belief
  are set forth.
    (ii) Upon the request of counsel,  any  written  or  recorded  showing
  concerning the defendant's genuine need to refrain from testifying shall
  be  ex  parte and in camera. The in camera showing shall be sealed but a
  court for good cause may order unsealing. Any statements made by counsel
  in the course of an application under this  paragraph  (b)  may  not  be
  offered  against  the  defendant  in any criminal action for impeachment
  purposes or otherwise.
    4. When  two  or  more  indictments  against  the  same  defendant  or
  defendants  charge  different  offenses of a kind that are joinable in a
  single indictment pursuant to  subdivision  two,  the  court  may,  upon
  application  of  either  the  people  or  a  defendant,  order that such
  indictments be consolidated and treated as a single indictment for trial
  purposes.  If  such  indictments, in addition to charging offenses which
  are so joinable charge other offenses which are not  so  joinable,  they
  may  nevertheless  be  consolidated  for  the limited purpose of jointly
  trying the joinable offenses. In such case, such indictments  remain  in
  existence with respect to any nonjoinable offenses and may be prosecuted
  accordingly. Nothing herein precludes the consolidation of an indictment
  with a superior court information.
    5.  A  court's  determination  of  an  application  for  consolidation
  pursuant to subdivision four is  discretionary;  except  that  where  an
  application  by  the  defendant  seeks  consolidation  with  respect  to
  offenses which are, pursuant to paragraph (a) of subdivision two,  of  a
  kind  that  are joinable in a single indictment by reason of being based
  upon the same act or criminal transaction, the  court  must  order  such
  consolidation unless good cause to the contrary be shown.
    6.  Where  an  indictment  charges  at  least  one  offense  against a
  defendant who was under the age of sixteen at the time of the commission
  of the crime and who did not lack criminal responsibility for such crime
  by reason of  infancy,  the  indictment  may,  in  addition,  charge  in
  separate  counts  one or more other offenses for which such person would
  not have been criminally responsible by reason of infancy, if:
    (a) the offense for which the defendant is criminally responsible  and
  the  one  or  more  other  offenses  for  which  he  would not have been
  criminally responsible by reason of infancy are based upon the same  act
  or  upon  the  same  criminal  transaction,  as  that term is defined in
  subdivision two of section 40.10 of this chapter; or
    (b) the offenses are of such nature that either  proof  of  the  first
  offense  would  be  material  and admissible as evidence in chief upon a
  trial of the second, or proof  of  the  second  would  be  material  and
  admissible as evidence in chief upon a trial of the first.

S 200.30  Indictment; duplicitous counts prohibited.
  1.  Each count of an indictment may charge one offense only.
  2.  For purpose of this section, a statutory provision which defines
the offense named in the title thereof by providing, in different
subdivisions or paragraphs, different ways in which such named offense
may be committed, defines a separate offense in each such subdivision or
paragraph, and a count of an indictment charging such named offense
which, without specifying or clearly indicating the particular
subdivision or paragraph of the statutory provision, alleges facts which
would support a conviction under more than one such subdivision or
paragraph, charges more than one offense.

S 200.40  Indictment; joinder of defendants and consolidation of
              indictments against different defendants.
  1. Two or more defendants may be jointly charged in a single
indictment provided that:
  (a) all such defendants are jointly charged with every offense alleged
therein; or
  (b) all the offenses charged are based upon a common scheme or plan;
or
  (c) all the offenses charged are based upon the same criminal
transaction as that term is defined in subdivision two of section 40.10;
or
  (d) if the indictment includes a count charging enterprise corruption:
  (i) all the defendants are jointly charged with every count of
enterprise corruption alleged therein; and
  (ii) every offense, other than a count alleging enterprise corruption,
is a criminal act specifically included in the pattern of criminal
activity on which the charge or charges of enterprise corruption is or
are based; and
  (iii) each such defendant could have been jointly charged with at
least one of the other defendants, absent an enterprise corruption
count, under the provisions of paragraph (a), (b) or (c) of this
subdivision, in an accusatory instrument charging at least one such
specifically included criminal act. For purposes of this subparagraph,
joinder shall not be precluded on the ground that a specifically
included criminal act which is necessary to permit joinder is not
currently prosecutable, when standing alone, by reason of previous
prosecution or lack of geographical jurisdiction.
  Even in such case, the court, upon motion of a defendant or the people
made within the period provided by section 255.20, may for good cause
shown order in its discretion that any defendant be tried separately
from the other or from one or more or all of the others. Good cause
shall include, but not be limited to, a finding that a defendant or the
people will be unduly prejudiced by a joint trial or, in the case of a
prosecution involving a charge of enterprise corruption, a finding that
proof of one or more criminal acts alleged to have been committed by one
defendant but not one or more of the others creates a likelihood that
the jury may not be able to consider separately the proof as it relates
to each defendant, or in such a case, given the scope of the pattern of
criminal activity charged against all the defendants, a particular
defendant`s comparatively minor role in it creates a likelihood of
prejudice to him. Upon such a finding of prejudice, the court may order
counts to be tried separately, grant a severance of defendants or
provide whatever other relief justice requires.
  2. When two or more defendants are charged in separate indictments
with an offense or offenses but could have been so charged in a single
indictment under subdivision one above, the court may, upon application
of the people, order that such indictments be consolidated and the
charges be heard in a single trial. If such indictments also charge
offenses not properly the subject of a single indictment under
subdivision one above, those offenses shall not be consolidated, but
shall remain in existence and may be separately prosecuted. Nothing
herein precludes the consolidation of an indictment with a superior
court information.

S 200.50 Indictment; form and content.
  An indictment must contain:
  1. The name of the superior court in which it is filed; and
  2. The title of the action and, where the defendant is a juvenile
offender, a statement in the title that the defendant is charged as a
juvenile offender; and
  3. A separate accusation or count addressed to each offense charged,
if there be more than one; and
  4. A statement in each count that the grand jury, or, where the
accusatory instrument is a superior court information, the district
attorney, accuses the defendant or defendants of a designated offense,
provided that in any prosecution under article four hundred eighty-five
of the penal law, the designated offense shall be the specified offense,
as defined in subdivision three of section 485.05 of the penal law,
followed by the phrase "as a hate crime", and provided further that in
any prosecution under section 490.25 of the penal law, the designated
offense shall be the specified offense, as defined in subdivision three
of section 490.05 of the penal law, followed by the phrase "as a crime
of terrorism"; and
  5. A statement in each count that the offense charged therein was
committed in a designated county; and
  6. A statement in each count that the offense charged therein was
committed on, or on or about, a designated date, or during a designated
period of time; and
  7. A plain and concise factual statement in each count which, without
allegations of an evidentiary nature,
  (a) asserts facts supporting every element of the offense charged and
the defendant`s or defendants` commission thereof with sufficient
precision to clearly apprise the defendant or defendants of the conduct
which is the subject of the accusation; and
  (b) in the case of any armed felony, as defined in subdivision
forty-one of section 1.20, states that such offense is an armed felony
and specifies the particular implement the defendant or defendants
possessed, were armed with, used or displayed or, in the case of an
implement displayed, specifies what the implement appeared to be; and
  (c) in the case of any hate crime, as defined in section 485.05 of the
penal law, specifies, as applicable, that the defendant or defendants
intentionally selected the person against whom the offense was committed
or intended to be committed; or intentionally committed the act or acts
constituting the offense, in whole or in substantial part because of a
belief or perception regarding the race, color, national origin,
ancestry, gender, religion, religious practice, age, disability or
sexual orientation of a person; and
  (d) in the case of a crime of terrorism, as defined in section 490.25
of the penal law, specifies, as applicable, that the defendant or
defendants acted with intent to intimidate or coerce a civilian
population, influence the policy of a unit of government by intimidation
or coercion, or affect the conduct of a unit of government by murder,
assassination or kidnapping; and
  (e)  in the case of a sexually motivated felony, as defined in section
130.91 of the penal law, asserts facts supporting  the  allegation  that
the offense was sexually motivated; and
  8. The signature of the foreman or acting foreman of the grand jury,
except where the indictment has been ordered reduced pursuant to
subdivision one-a of section 210.20 of this chapter or the accusatory
instrument is a superior court information; and
  9. The signature of the district attorney.

S 200.60 Indictment; allegations of previous convictions prohibited.
  1. When the fact that the defendant has been previously convicted of
an offense raises an offense of lower grade to one of higher grade and
thereby becomes an element of the latter, an indictment for such higher
offense may not allege such previous conviction.  If a reference to
previous conviction is contained in the statutory name or title of such
an offense, such name or title may not be used in the indictment, but an
improvised name or title must be used which, by means of the phrase "as
a felony" or in some other manner, labels and distinguishes the offense
without reference to a previous conviction.  This subdivision does not
apply to an indictment or a count thereof that charges escape in the
second degree pursuant to subdivision two of section 205.10 of the penal
law, or escape in the first degree pursuant to section 205.15 thereof.
  2.  An indictment for such an offense must be accompanied by a special
information, filed by the district attorney with the court, charging
that the defendant was previously convicted of a specified offense.
Except as provided in subdivision three, the people may not refer to
such special information during the trial nor adduce any evidence
concerning the previous conviction alleged therein.
  3.  After commencement of the trial and before the close of the
people`s case, the court, in the absence of the jury, must arraign the
defendant upon such special information, and must advise him that he may
admit the previous conviction alleged, deny it or remain mute.
Depending upon the defendant`s response, the trial of the indictment
must then proceed as follows:
  (a)  If the defendant admits the previous conviction, that element of
the offense charged in the indictment is deemed established, no evidence
in support thereof may be adduced by the people, and the court must
submit the case to the jury without reference thereto and as if the fact
of such previous conviction were not an element of the offense.  The
court may not submit to the jury any lesser included offense which is
distinguished from the offense charged solely by the fact that a
previous conviction is not an element thereof.
  (b) If the defendant denies the previous conviction or remains mute,
the people may prove that element of the offense charged before the jury
as a part of their case. In any prosecution under subparagraph (ix) of
paragraph (a) of subdivision one of section 125.27 of the penal law, if
the defendant denies the previous murder conviction or remains mute, the
people may prove that element of the offense only after the jury has
first found the defendant guilty of intentionally causing the death of a
person as charged in the indictment, in which case the court shall then
permit the people and the defendant to offer evidence and argument
consistent with the relevant provisions of section 260.30 of this
chapter with respect to the previous murder conviction.
  4. Nothing contained in this section precludes the people from proving
a prior conviction before a grand jury or relieves them from the
obligation or necessity of so doing in order to submit a legally
sufficient case.

S 200.61 Indictment; special information for operators of for-hire
              vehicles.
  1. The provisions of this section shall govern the procedures for
determining whether a defendant is eligible to receive the sentence set
forth in subdivision one of section 60.07 of the penal law upon
conviction of a specified offense as defined in subdivision two of such
section 60.07.
  2. To receive the sentence set forth in subdivision one of section
60.07 of the penal law, an indictment for such specified offense must be
accompanied by a special information, filed by the district attorney
with the court, alleging that the victim of such offense was operating a
for-hire vehicle in the course of providing for-hire vehicle services at
the time of the commission of such offense.
  3. Prior to the commencement of the trial, the court, in the absence
of the jury, must arraign the defendant upon such special information,
and must advise him that he may admit that the alleged victim of such
offense was operating a for-hire vehicle in the course of providing
for-hire vehicle services at the time of the alleged commission of such
offense, deny such allegation or remain mute. Depending upon the
defendant`s response, the trial of the indictment must proceed as
follows:
  (a) If the defendant admits that the alleged victim of such specified
offense charged was operating a for-hire vehicle in the course of
providing for-hire vehicle services at the time of the commission of
such alleged offense, such allegation, and only such allegation, shall
be deemed established for purposes of eligibility, if the defendant is
convicted of the underlying specified offense, for a sentence pursuant
to subdivision one of section 60.07 of the penal law.
  (b) If the defendant denies such allegation or remains mute, the
people may, by proof beyond a reasonable doubt, prove as part of their
case before the jury or, where the defendant has waived a jury trial,
the court, that the alleged victim of such offense was operating a
for-hire vehicle in the course of providing for-hire vehicle services at
the time of the commission of the offense.
  4. Where a jury, pursuant to paragraph (b) of subdivision three of
this section, is charged with determining whether the alleged victim of
such specified offense was operating a for-hire vehicle in the course of
providing for-hire vehicle services, such jury shall consider and render
its verdict on such matter only if it convicts the defendant of such
specified offense or specified offenses charged.
  5. For purposes of this section, the terms "for-hire vehicle",
"for-hire vehicle services" and "specified offense" shall have the
meanings set forth in section 60.07 of the penal law.

S 200.62 Indictment; special information for child sexual assault offender.
  1. Whenever a person is charged with the commission or attempted
commission of an offense defined in article one hundred thirty of the
penal law which constitutes a felony and it appears that the victim of
such offense was less than fifteen years old, an indictment for such
offense may be accompanied by a special information, filed by the
district attorney with the court, alleging that the victim was less than
fifteen years old at the time of the commission of the offense;
provided, however, that such an information need not be filed when the
age of the victim is an element of the offense.
  2. Prior to trial, or after the commencement of the trial but before
the close of the people`s case, the court, in the absence of the jury,
must arraign the defendant upon such information and advise him that he
may admit such allegation, deny it or remain mute. Depending upon the
defendant`s response, the trial of the indictment must proceed as
follows:
  (a) If the defendant admits that the alleged victim was less than
fifteen years old at the time of the commission or attempted commission
of the offense, that allegation shall be deemed established for all
subsequent purposes, including sentencing pursuant to section 70.07 of
the penal law.
  (b) If the defendant denies such allegation or remains mute, the
people may, by proof beyond a reasonable doubt, prove before the jury
or, where the defendant has waived a jury trial, the court, that the
alleged victim was less than fifteen years old at the time of the
commission or attempted commission of the offense.
  3. Where a jury, pursuant to paragraph (b) of subdivision two of this
section, makes the determination of whether the alleged victim of the
offense was less than fifteen years old, such jury shall consider and
render its verdict on such issue only after rendering its verdict with
regard to the offense.
  4. A determination pursuant to this section that the victim was less
than fifteen years old at the time of the commission of the offense
shall be binding in any future proceeding in which the issue may arise
unless the underlying conviction or determination is vacated or
reversed.

S 200.63 Indictment; special information for aggravated family offense.
    1. Whenever a person is  charged  with  the  commission  or  attempted
  commission  of an aggravated family offense as defined in section 240.75
  of the penal law, an indictment or information for such offense shall be
  accompanied by a special information, filed  by  the  district  attorney
  with  the court, alleging that the defendant was previously convicted of
  a specified offense as defined in subdivision two of section  240.75  of
  the  penal  law,  that at the time of the previous offense the defendant
  and the person against whom the offense was committed  were  members  of
  the  same  family  or household as defined in subdivision one of section
  530.11 of this chapter, and that such  previous  conviction  took  place
  within the time period specified in subdivision one of section 240.75 of
  the  penal  law.  Except as provided herein, the people may not refer to
  such special information during trial nor adduce any evidence concerning
  the allegations therein.
    2. Prior to the commencement of the trial, the court, in  the  absence
  of the jury, must arraign the defendant upon such information and advise
  him  or her that he or she may admit each such allegation, deny any such
  allegation or remain mute with respect to any such allegation. Depending
  upon  the  defendant's  response,  the  trial  of  the   indictment   or
  information must then proceed as follows:
    (a)(i)  If the previous conviction is for an aggravated family offense
  as defined in section 240.75 of the penal law, and the defendant  admits
  the  previous  conviction  or  that it took place within the time period
  specified in subdivision one of section 240.75 of the  penal  law,  such
  admitted  allegation  or allegations shall be deemed established for the
  purposes of the present prosecution, including  sentencing  pursuant  to
  section  70.00  of  the penal law. The court must submit the case to the
  jury as if such admitted allegation or allegations were not elements  of
  the offense.
    (ii)  If  the defendant denies the previous conviction or remains mute
  with respect to it, the people may prove,  beyond  a  reasonable  doubt,
  that element of the offense before the jury as a part of their case.
    (iii)  If the defendant denies that the previous conviction took place
  within the time period specified in subdivision one of section 240.75 of
  the penal law, or remains mute with respect to that matter,  the  people
  may  prove,  beyond a reasonable doubt, before the jury as part of their
  case, that the previous conviction took place  within  the  time  period
  specified.
    (b)(i)  If  the  previous  conviction  is  for  a specified offense as
  defined in subdivision two of section 240.75 of  the  penal  law,  other
  than  an  aggravated  family  offense,  and  the  defendant  admits such
  previous conviction, that it took place within the time period specified
  in subdivision one of section 240.75 of  the  penal  law,  or  that  the
  defendant  and  the  person  against whom the offense was committed were
  members of the same family or household as defined in subdivision one of
  section 530.11 of this chapter, such admitted allegation or  allegations
  shall be deemed established for the purposes of the present prosecution,
  including  sentencing  pursuant  to  section 70.00 of the penal law. The
  court must submit the case to the jury as if the admitted allegation  or
  allegations were not elements of the offense.
    (ii)  If  the defendant denies the previous conviction or remains mute
  with respect to it, the people may prove,  beyond  a  reasonable  doubt,
  that element of the offense before the jury as a part of their case.
    (iii)  If the defendant denies that the previous conviction took place
  within the time period specified in subdivision one of section 240.75 of
  the penal law, or remains mute with respect to that matter,  the  people
  may  prove,  beyond a reasonable doubt, before the jury as part of their
  case, that the previous conviction took place  within  the  time  period
  specified.
    (iv) If the defendant denies that the defendant and the person against
  whom  the previous offense was committed were members of the same family
  or household as defined in subdivision one of  section  530.11  of  this
  chapter,  or  remains  mute  with respect to that matter, the people may
  prove, beyond a reasonable doubt, that element of the offense before the
  jury as a part of their case.

S 200.65 Indictment;  special  information for enterprise corruption and
              criminal possession or use of a biological weapon or chemical
              weapon.
    When filing an  indictment  which  charges  enterprise  corruption  in
  violation  of  article  four  hundred  sixty  of the penal law, criminal
  possession of a chemical weapon or biological  weapon  in  violation  of
  section 490.37, 490.40, or 490.45 of the penal law, or criminal use of a
  chemical  weapon  or  biological  weapon in violation of section 490.47,
  490.50, or 490.55 of the penal law, the district attorney must submit  a
  statement  to  the  court  attesting  that  he  or  she has reviewed the
  substance of the evidence presented to the grand jury and concurs in the
  judgment that the charge is  consistent  with  legislative  findings  in
  article  four  hundred sixty or four hundred ninety of the penal law, as
  applicable. For purposes of this section only, "district attorney" means
  the district attorney of the county, the attorney general, or the deputy
  attorney general in charge of the organized crime task force,  or  where
  such person is actually absent or disabled, the person authorized to act
  in his or her stead.

S 200.70 Indictment; amendment of.
  1. At any time before or during trial, the court may, upon application
of the people and with notice to the defendant and opportunity to be
heard, order the amendment of an indictment with respect to defects,
errors or variances from the proof relating to matters of form, time,
place, names of persons and the like, when such an amendment does not
change the theory or theories of the prosecution as reflected in the
evidence before the grand jury which filed such indictment, or otherwise
tend to prejudice the defendant on the merits. Where the accusatory
instrument is a superior court information, such an amendment may be
made when it does not tend to prejudice the defendant on the merits.
Upon permitting such an amendment, the court must, upon application of
the defendant, order any adjournment of the proceedings which may, by
reason of such amendment, be necessary to accord the defendant adequate
opportunity to prepare his defense.
  2.  An indictment may not be amended in any respect which changes the
theory or theories of the prosecution as reflected in the evidence
before the grand jury which filed it; nor may an indictment or superior
court information be amended for the purpose of curing:
  (a)  A failure thereof to charge or state an offense; or
  (b)  Legal insufficiency of the factual allegations; or
  (c)  A misjoinder of offenses; or
  (d)  A misjoinder of defendants.

S 200.80  Indictment; superseding indictments.
  If at any time before entry of a plea of guilty to an indictment or
commencement of a trial thereof another indictment is filed in the same
court charging the defendant with an offense charged in the first
indictment, the first indictment is, with respect to such offense,
superseded by the second and, upon the defendant`s arraignment upon the
second indictment, the count of the first indictment charging such
offense must be dismissed by the court.  The first indictment is not,
however, superseded with respect to any count contained therein which
charges an offense not charged in the second indictment. Nothing herein
precludes the filing of a superseding indictment when the first
accusatory instrument is a superior court information.

S 200.95 Indictment; bill of particulars.
  1.  Definitions. (a)   "Bill of particulars" is a written statement by
  the prosecutor specifying, as required by this section, items of factual
  information which are not recited in the indictment and which pertain to
  the offense charged and including  the  substance  of  each  defendant's
  conduct  encompassed  by  the charge which the people intend to prove at
  trial on their direct case, and whether the people intend to prove  that
  the  defendant  acted  as  principal or accomplice or both, and items of
  factual information which  are  not  recited  in  a  special  forfeiture
  information  or  prosecutor's  forfeiture  information containing one or
  more forfeiture counts and  which  pertain  to  the  substance  of  each
  defendant's conduct giving rise to the forfeiture claim, the approximate
  value  of property for which forfeiture is sought, the nature and extent
  of the defendant's interest in such property,  and  the  extent  of  the
  defendant's  gain,  if  any,  from  the  offense charged.   However, the
  prosecutor shall not be required to include in the bill  of  particulars
  matters  of  evidence  relating  to  how  the people intend to prove the
  elements of the offense charged or how the people intend  to  prove  any
  item of factual information included in the bill of particulars.
    (b) "Request for a bill of particulars" is a written request served by
  defendant upon the people, without leave of the court, requesting a bill
  of particulars, specifying the items of factual information desired, and
  alleging that defendant cannot adequately prepare or conduct his defense
  without the information requested.
    2.  Bill of particulars upon request. Upon a timely request for a bill
  of particulars by a defendant against whom an indictment is pending, the
  prosecutor shall within fifteen days of the service of the request or as
  soon thereafter as is practicable,  serve  upon  the  defendant  or  his
  attorney,  and  file  with the court, the bill of particulars, except to
  the extent the prosecutor shall have refused to comply with the  request
  pursuant to subdivision four of this section.
    3. Timeliness of request. A request for a bill of particulars shall be
  timely  if  made  within  thirty  days  after arraignment and before the
  commencement of trial. If the defendant is not represented  by  counsel,
  and  has  requested  an adjournment to obtain counsel or to have counsel
  assigned, the thirty day period shall commence, for the  purposes  of  a
  request  for a bill of particulars by the defendant, on the date counsel
  initially  appears  on  his  behalf.  However,  the  court  may   direct
  compliance with a request for a bill of particulars that, for good cause
  shown, could not have been made within the time specified.
    4.  Request  refused.  The  prosecutor  may  refuse to comply with the
  request for a bill of particulars or any portion of the  request  for  a
  bill  of  particulars to the extent he reasonably believes that the item
  of factual information requested is not authorized to be included  in  a
  bill of particulars, or that such information is not necessary to enable
  the  defendant  adequately  to prepare or conduct his defense, or that a
  protective order would be warranted or that the demand is untimely. Such
  refusal shall be made in a writing, which shall set forth the grounds of
  such belief as fully as possible, consistent with  the  reason  for  the
  refusal.  Within  fifteen  days  of the request or as soon thereafter as
  practicable, the refusal shall be served upon the defendant and  a  copy
  shall be filed with the court.
    5.  Court  ordered bill of particulars.  Where a prosecutor has timely
  served a written refusal pursuant to subdivision four  of  this  section
  and upon motion, made in writing, of a defendant, who has made a request
  for  a  bill of particulars and whose request has not been complied with
  in whole or in part, the court must, to the extent a protective order is
  not warranted, order the prosecutor to comply with the request if it  is
  satisfied that the items of factual information requested are authorized
  to  be  included  in a bill of particulars, and that such information is
  necessary to enable the defendant adequately to prepare or  conduct  his
  defense  and,  if  the request was untimely, a finding of good cause for
  the delay. Where a prosecutor has not timely served  a  written  refusal
  pursuant  to  subdivision four of this section the court must, unless it
  is satisfied that the people have shown good cause  why  such  an  order
  should  not be issued, issue an order requiring the prosecutor to comply
  or providing for any  other  order  authorized  by  subdivision  one  of
  section 240.70.
    6.  Motion procedure. A motion for a bill of particulars shall be made
  as prescribed in  section  255.20.  Upon  an  order  granting  a  motion
  pursuant to this section, the prosecutor must file with the court a bill
  of  particulars,  reciting  every  item of information designated in the
  order, and serve a copy thereof upon the defendant. Pending such  filing
  and service, the proceedings are stayed.
    7.  Protective  order.  (a)  The court in which the criminal action is
  pending may, upon motion of the prosecutor, or of any  affected  person,
  or  upon determination of a motion of defendant for a court ordered bill
  of particulars, or upon its own initiative,  issue  a  protective  order
  denying,  limiting,  conditioning,  delaying  or  regulating the bill of
  particulars for good cause, including constitutional limitations, danger
  to the integrity of physical evidence or a substantial risk of  physical
  harm,  intimidation, economic reprisal, bribery or unjustified annoyance
  or embarrassment to any person or an adverse effect upon the  legitimate
  needs   of   law   enforcement,   including   the   protection   of  the
  confidentiality of informants, or any other factor  or  set  of  factors
  which outweighs the need for the bill of particulars.
    (b)  An  order limiting, conditioning, delaying or regulating the bill
  of particulars may, among other things, require that any material copied
  or derived therefrom be maintained in the exclusive  possession  of  the
  attorney  for  the  defendant  and  be used for the exclusive purpose of
  preparing for the defense of the criminal action.
    8. Amendment. At any time before commencement of trial, the prosecutor
  may, without leave of the court, serve upon defendant and file with  the
  court  an  amended  bill  of particulars. At any time during trial, upon
  application of the prosecutor and with notice to the  defendant  and  an
  opportunity  for  him  to be heard, the court must, upon finding that no
  undue prejudice will accrue to defendant and  that  the  prosecutor  has
  acted  in  good  faith,  permit  the  prosecutor  to  amend  the bill of
  particulars. Upon any amendment of the bill of  particulars,  the  court
  must,  upon  application  of  defendant,  order  an  adjournment  of the
  proceedings or any other action  it  deems  appropriate  which  may,  by
  reason  of  the  amendment,  be  necessary  to  accord  the defendant an
  adequate opportunity to defend.

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