PEOPLE v. BROWN


221 A.D.2d 353 (1995)

633 N.Y.S.2d 516

The People of the State of New York, Respondent, v. Kennedy Brown Appellant

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

November 6, 1995


Ordered that the judgment is modified, on the law, by reversing the conviction of robbery in the first degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

It was error for the trial court to grant the People's motion to amend the first count of the indictment, charging the defendant with robbery in the first degree, by deleting the words "displayed what appeared to be [a knife]" and...

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