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PEOPLE v. ANGEL

238 A.D.2d 210 (1997)

656 N.Y.S.2d 256

The People of the State of New York, Respondent, v. Terry Angel, Appellant

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

April 17, 1997

The court's instructions to the jury regarding the "dangerous instrument" element of the crimes charged did not constitute a constructive amendment to the indictment changing the People's theory of prosecution. The theory of prosecution as set forth in the indictment and in the People's proof, was that a dangerous instrument, to wit a knife, was used in the assault on the complainant. The material element in question was "a dangerous...

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