PEOPLE v. KIMBROUGH


155 A.D.2d 935 (1989)

The People of the State of New York, Respondent, v. Willie Kimbrough, Appellant

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

November 15, 1989


Judgment unanimously affirmed.

Memorandum:

In our view, the felony murder and robbery counts of the indictment charged defendant pursuant to Penal Law § 20.00 with accessorial liability for the conduct of the other participant in the crimes. Therefore, the court, in its instructions to the jury, did not constructively amend the indictment (see, People v Grega, 72 N.Y.2d 489; People v Duncan,

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