What remedy does a defendant have if the indictment does not contain sufficient facts to apprise him of the charge against him?
"New York", United States of America
The following excerpt is from People v. Opalka, 204 Misc. 791 (N.Y. Dist. Ct. 1953):
On this motion the defendant alleges that the indictment does not contain sufficient facts to apprise him of the charge against him. The remedy is to apply for a bill of particulars since it was not necessary to set forth in the indictment all of the elements of the crime. (People v. Bloodgood [Heckheimer], 251 App. Div. 593.)
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