People v. Clonick

Judgment unani*1032mously affirmed. Memorandum: Defendant appeals from a judgment convicting her following a bench trial of insurance fraud in the third degree (Penal Law §§ 20.00, 176.20) and grand larceny in the third degree (Penal Law §§ 20.00, 155.35). Defendant’s contention that Supreme Court erred in allowing the People to amend the indictment at trial is without merit. The court may allow an amendment at trial provided that it does not change the theory of the prosecution or “otherwise serve to prejudice the defendant on the merits” (CPL 200.70 [1]). Here, the amendment consisted solely of…