People v. Zurita
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered May 9, 2008, convicting her of endangering the welfare of a child, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for further proceedings pursuant to CPL 460.50 (5).
*801We reject the defendant’s contention that the prosecution changed its theory of the case after the County Court dismissed the count of rape in the third degree (see People v Albanese, 45 AD3d 691 [2007]). The evidence presented at trial…
2Cases cited15 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. PenaNew York Court of Appeals · 1980
- People of State of New York v. GregaNew York Court of Appeals · 1988
- People v. FelixNew York Court of Appeals · 1983
- People v. AlbaneseAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by7 opinions
- People v. MelendezAppellate Division of the Supreme Court of the State of New York · 2010
- People v. HaddockAppellate Division of the Supreme Court of the State of New York · 2010
- People v. DeHaneyAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BradleyAppellate Division of the Supreme Court of the State of New York · 2010
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2011
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