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PEOPLE v. PEREZ

83 N.Y.2d 269 (1994)

631 N.E.2d 570

609 N.Y.S.2d 564

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

Court of Appeals of the State of New York.

Decided March 17, 1994.

Attorney(s) appearing for the Case

Audra Zuckerman, New York City, and Philip L. Weinstein for appellant in the first above-entitled action.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Magda S. Vives, Billie Manning and Susan L. Valle of counsel), for respondent in the first above-entitled action.

George W. Albro, New York City, and Philip L. Weinstein for appellant in the second above-entitled action.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Howard B. Sterinbach and Billie Manning of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge TITONE taking no part.

SIMONS, J.

The issue presented in each of these cases is whether the trial court exceeded its authority under CPL 200.70 when it amended a criminal indictment by adding a new count. In both instances, the People asserted that the count had been properly voted by the Grand Jury but left out of the indictment as a result of a clerical error. We conclude that the courts lacked the statutory authority to order the...

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