People v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Friedman, J.P.
On this appeal from a conviction based on a guilty plea, defendant raises two legal arguments. His first argument, which has merit, is that it was improper for the court to amend the indictment, after judgment had been rendered, in the absence of both defendant himself and his attorney, and apparently without *248giving him notice (see CPL 200.70 [1] [an amendment of the indictment requires “notice to the defendant and opportunity to be heard”]). The second argument is that his conviction on one count of the original indictment should be vacated on the ground…
2Cases cited17 opinions
- People v. IannoneNew York Court of Appeals · 1978
- People v. D'ANGELONew York Court of Appeals · 2002
- People v. CohenNew York Court of Appeals · 1981
- People v. RayNew York Court of Appeals · 1988
- People v. JacobyNew York Court of Appeals · 1952
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3Cited by11 opinions
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- People v. SeigniousAppellate Division of the Supreme Court of the State of New York · 2022
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