People v. Floyd

Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s argument that the court erred in failing to charge accessorial liability (Penal Law § 20.00). The indictment, the evidence and the court’s instruction to the jury made abundantly clear that defendant was charged as a principal. In any event, if the evidence and jury instructions are to the effect that defendant is principal, that fact does not constitute a variance from an indictment charging him as an accomplice, or vice versa (see, People v Duncan, 46 NY2d 74, 79-80, cert denied 442 US 910; People v Katz, 209 NY…