United States District Court, W.D. New York
DECISION AND ORDER
KENNETH SCHROEDER, JR. United States Magistrate Judge
case was referred to the undersigned by the Hon. Frank. P.
Geraci, Jr. in accordance with 28 U.S.C. § 636(b)(1),
for all pretrial matters and to hear and report on
defendant, Jay Neal (“the defendant”) is charged
in a multiple count indictment with having violated Title 21
U.S.C. §§ 846, 841(a)(1), 841(b)(1)(C), 856(a)(1)
and Title 18 U.S.C. §§ 924(c)(1)(A)(i), 922(g)(1),
924(a)(2), 922(k) and 924(a)(1). Dkt. #10. He has filed an
omnibus discovery motion wherein he seeks the following:
(A) A Bill of Particulars;
(B) Revelation of Identity of Informants;
(C) Discovery Pursuant to Rule 16 and Notice of Intention
Pursuant to Rule 12 of the F. R. Crim. P.;
(D) Production of Brady, Giglio and Jencks materials;
(E) Grand Jury Transcripts;
(F) Disclosure of Evidence Pursuant to Rules 404(b), 608 and
609 of the Federal Rules of Evidence;
(G) Permission to Voir Dire Government Experts
Outside the Presence of the Jury;
(H) An Audibility Hearing;
(I) Preservation of Rough Notes and Other Evidence;
(J) Permission to Join in the Co-Defendant's Motions; and
(K) Permission to File Other Motions.
government has filed its response to these requests. Dkt.
Defendant's Request for a Bill of Particulars
defendant argues that he has not been provided with
“any information or evidence linking [him] to a
conspiracy to possess with intent to distribute cocaine or
marijuana in any amounts” and therefore, his request
for a bill of particulars is “necessary because the
charges in the indictment are so general they do not advise
the defendant of the specific acts of which he is
accused.” Dkt. #12, pp. 4-5, ¶ 15.
defendant's request is denied. It has become axiomatic
that the function of a bill of particulars is to apprise a
defendant of the essential facts of the crime for which he
has been charged. United States v. Salazar, 485 F.2d
1272, 1277- 78 (2d Cir. 1973); cert. denied, 415
U.S. 985 (1974); Wong Tai v. United States, 273 U.S.
77 (1927). The charge in Count 1 of the Indictment, along
with the discovery materials provided or to be provided by
the government, clearly inform the defendant of the essential
facts of ...