The following excerpt is from People v. Atkins, 57 N.Y.S.3d 676 (Table) (N.Y. Crim. Ct. 2017):
"The determination of whether sufficient specificity to adequately prepare a defense has been provided to a defendant by the indictment and the bill of particulars must be made on an ad hoc basis by considering all relevant circumstances" (People v. Morris, supra, at 295). In making this determination, consideration should be given to, among other things: (1) the age and intelligence of the victim and other witnesses; (2) the surrounding circumstances; and (3) the nature of the offense, which should take into account whether it is likely to occur at a specific time or is likely to be discovered immediately (People v. Keindl, supra, at 419; People v. Morris, supra, at 296 ).
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