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PEOPLE v. DOSHI

250 A.D.2d 431 (1998)

673 N.Y.S.2d 629

The People of the State of New York, Respondent, v. Priyakant S. Doshi, Appellant

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

May 14, 1998

The court's charge to the jury regarding the circumstances under the Public Health Law in which a practitioner may dispense controlled substances to an addict did not constitute a constructive amendment to the indictment changing the People's theory of prosecution (People v Angel, 238 A.D.2d 210, lv denied 90 N.Y.2d 1009), since the court instructed that any violation of such rule...

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