People v. Torres

OPINION OF THE COURT

Martin Marcus, J.

In this case the Grand Jury voted to indict the defendants for various crimes, many of which were inadvertently omitted *235from the indictment when it was filed. This decision considers whether the indictment may be amended pursuant to CPL 200.70 to add one of the omitted counts. Because I find that subdivision (2) of that section prohibits such an amendment, the People’s motion to amend the indictment is hereby denied.

Motions have been made by the People and by two of the defendants, Jose Torres and Pedro DeJesus. The People have moved to amend the…