The IAS Court properly granted the People's motion to amend the indictment. The evidence demonstrates that the Grand Jury voted to indict defendant for, inter alia, second degree criminal possession of a weapon; however, said count was inadvertently omitted from the filed indictment. The amendment clearly does not alter the theory of the prosecution. The Grand Jury heard evidence supporting such a count and had voted to so charge defendant. Hence, the IAS Court properly...
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