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PEOPLE v. ALAS

300 A.D.2d 85 (2002)

752 N.Y.S.2d 39

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO ALAS, Appellant.

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

Decided December 12, 2002.

The court's use of the language "on or about" with respect to the dates of the crimes charged in the indictment, and its appropriate explanation of the meaning of that phrase, made in response to a note from the deliberating jury, did not create an impermissible variance from the People's theory of the case, and did not prejudice defendant's defense in any manner (see People v Cunningham, 48 N.Y.2d 938

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