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PEOPLE v. DICKENS

259 A.D.2d 450 (1999)

688 N.Y.S.2d 509

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL DICKENS, Appellant.

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

Decided March 30, 1999.

The verdict was based on legally sufficient evidence and there was neither a constructive amendment of the indictment nor a variance between the indictment and the proof. Notwithstanding the conjunctive language used in the indictment, the People had no obligation to prove that defendant displayed what appeared to be a firearm both during the crime and in immediate flight therefrom (People v Charles, 61 N.Y.2d 321,...

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