People v. Lowry

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperaran, J.), rendered September 3, 1996, convicting him of robbery in the third degree, attempted robbery in the second degree, and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the court improperly permitted the People to amend the indictment is unpreserved for appellate review (see, CPL 470.05 [2]). In any event, this claim is without merit since the amendment did not change the theory of the prosecution or prejudice the defendant…