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PEOPLE v. TORRES

150 Misc.2d 234 (1991)

The People of the State of New York, Plaintiff, v. Jose Torres, Pedro DeJesus and Waldo Rios, Defendants.

Supreme Court, Bronx County.

March 13, 1991

Attorney(s) appearing for the Case

Patrick A.H. Watts for Jose Torres, defendant. Felicia Notaro for Pedro DeJesus, defendant. Michael H. Gottlieb for Waldo Rios, defendant. Robert T. Johnson, District Attorney (Lisa Dreznick of counsel), for plaintiff.

MARTIN MARCUS, J.

In this case the Grand Jury voted to indict the defendants for various crimes, many of which were inadvertently omitted from the indictment when it was filed. This decision considers whether the indictment may be amended pursuant to CPL 200.70 to add one of the omitted counts. Because I find that subdivision (2) of that section prohibits such an amendment, the People's motion to amend the...

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