Citation Codes Equivalent Citations citation codes Attorney(S) Carl A. Vergari, District Attorney (Stephanie Mary Mahon Anthony Joseph Servino of counsel), for John M. Perone for See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DONALD JACKSON, Respondent. MEMORANDUM. The order of the Appellate Division should be reversed and the matter remitted to that court (CPL 470.40, subd 2, par [b]). Although inartfully drawn, the indictment does contain all the elements of the crime and therefore is not defective. Any ambiguity with respect to the precise nature of the deviate sexual intercourse alleged could be, and was in this case, clarified by the bill of particulars (see, People v Iannone, 45 N.Y.2d 589). Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur. Order reversed and case remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein.