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PEOPLE v. JONES

186 A.D.2d 46 (1992)

The People of the State of New York, Respondent, v. Calvin Jones, Appellant

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

September 17, 1992

There is no merit to defendant's contention that the People should not have been allowed to amend the indictment during trial. Although the indictment charged defendant with setting fire to a "building", the evidence and instructions provided to the Grand Jury had specified "dwelling". The amendment did not change the People's theory of the case so as to prejudice defendant on the merits, or cure a legal insufficiency in respect...

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