PEOPLE v. RODRIGUEZ

6494, 4024/07, 1813.

97 A.D.3d 246 (2012)

945 N.Y.S.2d 313

2012 NY Slip Op 4417

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YURIS RODRIGUEZ, Appellant.

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

June 7, 2012.


Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City ( Jonathan Garelick of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Frank Glaser of counsel), for respondent.

SWEENY, ACOSTA, RENWICK and ABDUS-SALAAM, JJ., concur with FRIEDMAN, J.P.


OPINION OF THE COURT

FRIEDMAN, J.P.

On this appeal from a conviction based on a guilty plea, defendant raises two legal arguments. His first argument, which has merit, is that it was improper for the court to amend the indictment, after judgment had been rendered, in the absence of both defendant himself and his attorney, and apparently without giving him notice (see CPL 200.70 [1] [an amendment of the indictment...

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