PEOPLE EX REL. MARX v. LA VALLEE


34 A.D.2d 1052 (1970)

The People of the State of New York ex rel. Richard Marx, Appellant, v. J. Edwin La Vallee, as Warden of Clinton Prison, Respondent

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

June 29, 1970


GREENBLOTT, J.

Appellant was convicted following trial of the crime of murder in the first degree in Queens County on June 27, 1957, and was thereafter sentenced to a term of life imprisonment. He contends that his conviction was invalid, alleging (1) that the prosecution was permitted to orally amend the indictment in its opening statement to the jury, and (2) the trial court committed further error when it included in its charge the crime of felony...

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