People v. Angel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered July 12, 1994, convicting defendant, after a jury trial, of assault in the first degree and criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 71/2 to 15 years and 2 to 4 years, respectively, unanimously affirmed.
The court’s instructions to the jury regarding the "dangerous instrument” element of the crimes charged did not constitute a constructive amendment to the indictment changing the *211People’s theory of prosecution. The theory of prosecution…
2Cases cited4 opinions
- People v. SteinbergNew York Court of Appeals · 1992
- People v. SpannNew York Court of Appeals · 1982
- People v. SteinbergAppellate Division of the Supreme Court of the State of New York · 1991
- People v. ShellmanAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by8 opinions
- People v. BierenbaumAppellate Division of the Supreme Court of the State of New York · 2002
- People v. ReedAppellate Division of the Supreme Court of the State of New York · 1997
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2001
- People v. DoshiAppellate Division of the Supreme Court of the State of New York · 1998
- People v. DianaAppellate Division of the Supreme Court of the State of New York · 1998
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