PEOPLE v. LOZADA


208 A.D.2d 351 (1994)

616 N.Y.S.2d 964

The People of the State of New York, Respondent, v. Carlos Lozada, Also Known as Carlos Feliciano, Appellant

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

October 4, 1994


Defendant was given fair notice of the charges and the People's theory in the indictment and bill of particulars. Contrary to defendant's contention, it was his testimony which brought out an alternative theory to support every requisite element of the crime charged. Nevertheless, neither the prosecutor's summation nor the court's jury instructions deviated from the theory advanced in the indictment and bill of...

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