People v. Guccione

OPINION OF THE COURT

John M. Leventhal, J.

Issue Presented

The issue of first impression presented in this case is under what circumstances may an indictment be amended under CPL 200.70 (1) when the statutory reference contained therein does not correspond to the statutory provision with which the grand jury was charged.

Facts

Two of the 28 counts of the instant indictment contain discrepancies between the statute voted on by the grand jury and the statute recorded as being violated in the indictment. The difference in the type of errors made in this indictment mandates that one count be dismissed…