People v. Hoskins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of robbery in the first degree (Penal Law § 160.15 [3]), defendant contends that Supreme Court erred in granting the prosecutor’s request, made at the close of the People’s proof, to amend the indictment to add the term “or shotgun” after “tire iron” as the dangerous instrument used in the course of the robbery. We disagree. The amendment was timely (see, CPL 200.70 [1]; see also, People v Mendez, 209 AD2d 547, lv denied 84 NY2d 1013) and did not change or expand the theory of the People’s case that defendant…
2Cases cited7 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- People v. BrownNew York Court of Appeals · 1979
- People v. PowellAppellate Division of the Supreme Court of the State of New York · 1989
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1994
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1996
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