People v. Fata

This court is unanimous in finding that the trial court committed reversible error by allowing the constructive amendment of the indictment against the defendant. On the other grounds urged for reversal by the defendant, I would also reverse for the court’s failure to provide a sufficient response to the jury’s question of whether intent must precede force in robbery first degree.

Defendant was. indicted for robbery in the first degree, robbery in the second degree and grand larceny in the fourth degree after she allegedly rendered unconscious the complainant, with whom she had engaged in sex…