Ordered that the judgment is affirmed.
Pursuant to CPL 200.70, the trial court is authorized to order the amendment of an indictment at any time before or during the trial with respect to defects, errors, or variances from the proof relating to matters of form, time, place, names of persons, and the like when the proposed amendment does not change the theory of the prosecution, as reflected in the evidence before the Grand Jury, or otherwise tend to prejudice the...
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