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PEOPLE v. ENNIS

144 A.D.2d 579 (1988)

The People of the State of New York, Respondent, v. Macio Ennis, Also Known as Ronald Battle, Appellant

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

November 21, 1988

Ordered that the judgment is affirmed.

The amendment of the indictment in this case merely corrected an error in form and did not change the theory of the prosecution as reflected in the evidence before the Grand Jury (see, CPL 200.70 [1]; People v Shannon, 127 A.D.2d 863, lv denied 69 N.Y.2d 1009). In any event, escape in the third degree is a lesser included offense of escape in the second degree as it would...

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