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PEOPLE v. KIRKLAND

237 A.D.2d 875 (1997)

656 N.Y.S.2d 1004

The People of the State of New York, Respondent, v. Artie Kirkland, Appellant

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

March 14, 1997

Judgment unanimously affirmed.

Memorandum:

County Court dismissed the first five counts of the indictment based upon the variance of one year between the time of the offenses alleged in the indictment and the People's proof at trial (see, People v Bigda, 184 A.D.2d 993). Because that variance was not manifest until the complainant testified, there was no basis for dismissing those counts prior to the commencement...

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