People v. Jackson

—Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: Defendant appeals from a judgment convicting him after a jury trial of two counts of burglary in the first degree (Penal Law § 140.30 [1], [2]). County Court properly allowed the People to amend counts two and three of the indictment charging burglary in the first degree by including the phrase “or another participant in the crime.” It is well established that liability as a principal or an accomplice is not an element of the crime charged…