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PEOPLE v. FULLER

252 A.D.2d 353 (1998)

675 N.Y.S.2d 533

The People of the State of New York, Respondent, v. Douglas Fuller, Appellant

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

July 2, 1998

The trial court did not constructively amend the indictment by instructing the jury that it could consider the property stolen to be either the bag containing the 17 vials of crack cocaine or the bracelet as alleged in the indictment, where such variance was based on defendant's own testimony that he committed a different version of the crime (People v Spann, 56 N.Y.2d 469). Defendant did...

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