People v. Hinchy

Judgment unanimously affirmed. Memorandum: Defendant was convicted of intentionally killing an eight-year-old boy. Defendant had been alternatively charged with depraved indifference murder. We find no merit to defendant’s contention that the court’s instruction to the jury on the intentional murder count impermissibly changed thé theory of the prosecution. The People’s bill of particulars specified that defendant had caused the death of the victim, under both counts of the indictment, by choking, *998hitting, and kicking him. In People v Roberts (72 NY2d 489), upon which defendant relies, the…