People v. Wynn

—Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that there was a variance between the allegations in the second count of the indictment and the People’s proof at trial. The second count, charging robbery in the first degree (Penal Law § 160.15 [4]), alleges that defendant “displayed what appeared to be a pistol, revolver or other firearm, to wit a rifle.” Proof at trial that the firearm displayed by defendant was a sawed-off rifle did not vary from that allegation so as to violate “defendant’s right to fair notice of the charges or his right to have those charges…