PEOPLE v. SALLEY


72 Misc.2d 521 (1972)

The People of the State of New York, Plaintiff, v. John T. Salley, Defendant.

County Court, Special Term, Nassau County.

December 20, 1972


Attorney(s) appearing for the Case

William Cahn, District Attorney, for plaintiff. David Lubash for defendant.


JOHN S. LOCKMAN, J.

During a pretrial suppression hearing the People moved to amend the indictment charging attempted bribery so that the reason for the alleged bribe was changed from not arresting the defendant to releasing the already arrested defendant.

The defense contends that only the Grand Jury can make such a substantive change in an indictment.

CPL 200.70 provides: "1. At any time before or during trial, the court may, upon application...

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