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PEOPLE v. ROBERTSON

162 A.D.2d 953 (1990)

The People of the State of New York, Respondent, v. James O. Robertson, Appellant

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

June 22, 1990

Judgment unanimously modified on the law, and as modified affirmed, in accordance with the following memorandum:

The trial court erred in submitting to the jury a count of sexual abuse that was not contained in the indictment. The judgment of conviction on that count must be reversed even in the absence of an objection (see, People v Ahmed, 66 N.Y.2d 307, rearg denied...

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