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PEOPLE v. RODRIGUEZ

190 A.D.2d 566 (1993)

The People of the State of New York, Respondent, v. Aracelio Rodriguez, Appellant

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

February 9, 1993

Where a defendant did not receive fair notice of the charge against him, reversal of the conviction of that charge is required (People v Grega, 72 N.Y.2d 489, 496). Here, count three of the indictment mistakenly charged defendant with criminal possession of heroin instead of cocaine. The indictment was never amended. Neither the People nor the trial court ever corrected this error, and...

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