People v. Toro

OPINION OF THE COURT

Dominic R. Massaro, J.

The instant motion presents the rare question of whether an indictment is fatally defective where it does not mention the defendant’s name in its body. The court finds that if the indictment otherwise fulfills its statutory purpose the omission is curable.

*992Here, the People move pursuant to CPL 200.70 (1) to amend the first and third counts of indictment No. 5168/89, to add that the defendant, Pete Toro, is also accused in count one of the crime of attempted sodomy in the first degree (Penal Law § 130.50 [1]) and that the defendant, Tyrone Williams, is…