People v. Brahney

Judgment unanimously affirmed. Memorandum: There is no merit to the contention of defendant that County Court erred in allowing the People to amend count three of the indictment. That count charged defendant with committing the crime of assault in the first degree in that, "in the course of committing the felony of Robbery[, defendant] did cause serious physical injury to [the victim], a person other than one of the participants, by striking [him] in the head with a sawed off baseball bat”. The phrase, "by striking [him] in the head with a sawed off baseball bat”, was deleted. The amendment…