Legal Opinion
People of State of New York v. Grega
New York Court of Appeals
Decided October 25, 1988PublishedCited by 231 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
In the two cases before us, defendants’ convictions *493were reversed on the ground that the theory of prosecution at trial changed from that alleged in the indictment. In People v Grega, we conclude that there was in fact no variance between the theory of the indictment and the proof at trial, and we therefore modify the Appellate Division order and reinstate defendant’s convictions. In People v Roberts, however, we conclude that the trial theory of prosecution differed significantly and prejudicially from the allegations of the indictment, and we therefore affirm the…
2Cases cited12 opinions
- Russell v. United StatesSupreme Court of the United States · 1962
- People v. IannoneNew York Court of Appeals · 1978
- People v. BarnesNew York Court of Appeals · 1980
- People v. BynumNew York Court of Appeals · 1987
- People v. CharlesNew York Court of Appeals · 1984
7 more not listed; retrieve them via the Exa API.
3Cited by231 opinions
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. RiveraNew York Court of Appeals · 1995
- Richard Diguglielmo v. Joseph T. SmithCourt of Appeals for the Second Circuit · 2004
- People v. McNabAppellate Division of the Supreme Court of the State of New York · 1990
- People v. BlackAppellate Division of the Supreme Court of the State of New York · 2007
226 more not listed; retrieve them via the Exa API.