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PEOPLE v. GUCCIONE

16 Misc.3d 512 (2007)

837 N.Y.S.2d 552

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOSEPH GUCCIONE, Defendant.

Supreme Court, Kings County.

May 25, 2007.

Attorney(s) appearing for the Case

Legal Aid Society (Edna Schwartz of counsel), for defendant.

Charles J. Hynes, District Attorney (Amy Bedford of counsel), for plaintiff.

OPINION OF THE COURT

JOHN M. LEVENTHAL, J.

Issue Presented

The issue of first impression presented in this case is under what circumstances may an indictment be amended under CPL 200.70 (1) when the statutory reference contained therein does not correspond to the statutory provision with which the grand jury was charged.

Facts

Two of the 28 counts of the instant indictment contain discrepancies between the statute voted on by...

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