The People of the State of New York, Respondent-Appellant,
v.
Wayne Grega, Appellant-Respondent.
The People of the State of New York, Appellant,
v.
Paul Ray Roberts, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 14, 1988.
Decided October 25, 1988.
Attorney(s) appearing for the Case
Ernest Abdella and George Abdella for appellant-respondent in the first above-entitled action.
John B. Poersch, District Attorney of Schenectady County (Michael McGarry and Thomas W. Hefferon of counsel), for respondent-appellant in the first above-entitled action.
Stephen F. Lungen, District Attorney of Sullivan County (Bonnie M. Mitzner of counsel), for appellant in the second above-entitled action.
John Ferrara, Carl J. Silverstein and Stephan Schick for respondent in the second above-entitled action.
Judges SIMONS, ALEXANDER, TITONE and HANCOCK, JR., concur with Judge KAYE; Judge BELLACOSA dissents and votes to reverse in a separate opinion in which Chief Judge WACHTLER concurs.
Court of Appeals of the State of New York.
KAYE, J.
In the two cases before us, defendants' convictions were reversed on the ground that the theory of prosecution at trial changed from that alleged in the indictment. In People v Grega, we conclude that there was in fact no variance between the theory of the indictment and the proof at trial, and we therefore modify the Appellate Division order and reinstate...
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