PEOPLE v. HARPER


37 N.Y.2d 96 (1975)

The People of the State of New York, Respondent, v. Randolph Harper, Appellant.

Court of Appeals of the State of New York.

Decided June 12, 1975.


Attorney(s) appearing for the Case

Elliot Schnapp and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Jane Bilus Gould of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.


JONES, J.

We hold that if there is to be an amendment of an accusatory instrument within the scope of CPL 100.45 (subd 3), there must be strict compliance with the prescriptions of that section.

Defendant was charged in a felony complaint with reckless endangerment in the first degree, menacing, harassment, and possession of a weapon. Following a preliminary hearing the People moved to reduce the reckless...

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