People v. Ward
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s contention that the Supreme Court improperly allowed the People to amend the indictment to change the description of the weapon possessed on one of the charged counts (see Penal Law §§ 265.01, 265.02 [1]) from a switchblade knife to a gravity knife is without merit (see CPL 200.70; People v Wynn, 277 AD2d 946 [2000]; People v Hood, 194 AD2d 556 [1993]). The People’s theory of prosecution did not change since they still needed to show that the defendant possessed a knife that was a per se illegal weapon (see Penal Law § 265.01). Further, the defendant failed to show that he was…
2Cases cited17 opinions
- Davis v. WashingtonSupreme Court of the United States · 2006
- People v. GrayNew York Court of Appeals · 1995
- People v. BigelowNew York Court of Appeals · 1985
- People v. BonesAppellate Division of the Supreme Court of the State of New York · 2005
- People v. SageAppellate Division of the Supreme Court of the State of New York · 1994
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- People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 2009
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