PEOPLE v. JOHNSON


163 A.D.2d 613 (1990)

The People of the State of New York, Respondent, v. Jonathan Johnson, Appellant

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

July 30, 1990


Ordered that the judgment is affirmed.

Shortly before trial the People were allowed to amend the indictment, which charged the defendant with robbery in the first degree, by deleting the language: "was armed with a deadly weapon to wit: hand gun or revolver", and substituting therefor the language: "displayed what appeared to be a pistol or a revolver". The defendant contends that this was error. We disagree.

Pursuant to CPL 200.70, the trial court is authorized...

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