PEOPLE v. CRUZ


285 A.D. 1076 (1955)

The People of the State of New York, Appellant, v. Bonafacio Cruz, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 16, 1955.


Order reversed on the law and indictment reinstated.

We do not decide, on the record presented, whether the County Court was required to grant the motion to amend. We consider it advisable to state, however, that we see no impediment to an amendment of the indictment by the trial court to correct an obvious error in the statement of the name of a person therein referred to, if the amendment is made according to the proof and if the rights of the defendant will not...

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