People v. Thompson

Judgment unanimously reversed on the law and new trial granted. Memorandum: County Court erred in permitting the People to amend the indictment at the close of the People’s proof. The

*930indictment charged defendant with driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3). It alleged that defendant operated a vehicle while intoxicated on Route 16 in the Town of Delevan, Cattaraugus County. At trial, the People presented no direct proof that defendant operated the vehicle on the highway. A store clerk at a convenience store on Route 16 testified that, after leaving the…