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PEOPLE v. LOWRY

255 A.D.2d 602 (1998)

682 N.Y.S.2d 605

The People of the State of New York, Respondent, v. Kerry Lowry, Appellant

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

November 30, 1998

Ordered that the judgment is affirmed.

The defendant's claim that the court improperly permitted the People to amend the indictment is unpreserved for appellate review (see, CPL 470.05 [2]). In any event, this claim is without merit since the amendment did not change the theory of the prosecution or prejudice the defendant on the merits (see, People v Harvey, 212 A.D.2d 730).

The trial court properly...

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