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PEOPLE v. VASQUEZ

189 A.D.2d 578 (1993)

The People of the State of New York, Respondent, v. Jose Vasquez, Appellant

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

January 7, 1993

The trial court properly permitted amendment of the indictment to include the omitted charge of felony murder (CPL 200.70). Upon inspecting the grand jury minutes, the trial court found that the People clearly presented evidence to support a charge of felony murder and provided an instruction on that crime. The prior unfiled indictment dated September 29, 1988, which was signed by the grand jury foreperson, clearly lists felony murder as one of the counts voted. While the...

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