PEOPLE v. ALEXANDER


37 A.D.3d 908 (2007)

829 N.Y.S.2d 275

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL ALEXANDER, Appellant.

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

Decided February 8, 2007.


Kane, J.

A grand jury handed up an indictment charging defendant with criminal sale of a controlled substance in the third degree based on a sale occurring at 9:15 P.M. County Court granted the People's motion, made at the beginning of the trial, to amend the indictment to reflect that the sale occurred at 9:15 A.M. The jury convicted defendant, resulting in this appeal.

Initially, County Court did not err in granting the People's motion to amend the indictment...

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