People v. Smith

Judgment unanimously affirmed. Memorandum: Contrary to defendant’s assertion, the *983court did not amend the indictment in its instructions to the jury. It is not essential that the indictment include the victim’s name as an element, so long as the indictment gives defendant sufficient notice of the charges to allow him to prepare his defense (see, People v Trimm, 29 AD2d 83; People v Cruz, 285 App Div 1076). In this case, the indictment gave defendant sufficient notice of the charges. If defendant had desired the name of the victim to which each separate count of the indictment referred, he…