People v. Montgomery

The claim by the defendant that the indictment was improperly amended during trial is not preserved for our review since he argued only that the evidence did not warrant the amendment, not that the amendment was otherwise impermissible.

The defendant contends that the sentencing court improperly considered a robbery count for which he had been indicted but not convicted, and that his sentence should therefore be vacated. We disagree. Rather, the court expressly predicated its determination upon consideration of the petit larceny count of which the defendant had been convicted and on the…