PEOPLE v. THURSTON


209 A.D.2d 976 (1994)

619 N.Y.S.2d 465

The People of the State of New York, Respondent, v. Brad Thurston, Appellant

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

November 16, 1994


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

Defendant appeals from a judgment, following a jury trial, convicting him of two counts of sodomy in the first degree, two counts of sexual abuse in the first degree, and two counts of endangering the welfare of a child. Contrary to defendant's contention, County Court's supplemental instructions did not constructively amend the indictment to permit the jury to consider a time period...

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