People v. Brown

Judgment unanimously modified, on the law, by reversing the judgment of conviction of second degree assault and dismissing count three of the indictment and otherwise, affirmed. Memorandum: Defendants appeal from their convictions of second degree robbery, second degree assault and unauthorized use of a motor vehicle. Among their claims of error they contend that the trial court erred in granting the People’s motion, at the close of the evidence and over their objections, to amend count three of the indictment. That count as originally drawn charged second degree assault under subdivision 1…