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PEOPLE v. COSTON

151 A.D.2d 595 (1989)

The People of the State of New York, Respondent, v. John Coston, Appellant

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

June 12, 1989

Ordered that the judgment is affirmed.

The defendant was not denied a fair trial by the amendment of the indictment to change the date of the alleged criminal transaction from June 8, 1984 to June 6, 1984. The record discloses that while the defendant had no alibi or other defense for the incorrect date (cf., People v Covington, 86 A.D.2d 877), he did in fact discover an alibi witness for the amended date. He thereafter...

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