People v. Corporan

OPINION OF THE COURT

Tom, J.

The People move to reargue the decision and order of this Court, entered on June 7, 1994 (200 AD2d 155), which modified defendant’s judgment of conviction. The People conceded that their police department chemist erred in her original lab report regarding the amount of cocaine sold by defendant. Pursuant to this error, defendant was indicted for selling 1% ounces and 12 grains instead of 2% ounces and 12 grains, which was the actual amount sold by defendant. However, the prosecutor chose not to reindict defendant after learning of the mistake and proceeded to trial…