Judgment unanimously affirmed.
Memorandum:
Defendant's claim that the People impermissibly changed the theory of prosecution is without merit. The indictment charged defendant with attempted murder, assault and reckless endangerment by dropping Debra Pope from the windowsill of a second-story apartment. The People presented proof in support of that theory at trial, and the trial court instructed the jury only on that theory. Under these circumstances, the...
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