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PEOPLE v. GENTLES

8898, 1924/13.

171 A.D.3d 471 (2019)

95 N.Y.S.3d 798

2019 NY Slip Op 02623

The People of the State of New York, Respondent, v. Dwayne Gentles, Appellant.

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

Decided April 4, 2019.

We find that there was an unpreserved error warranting reversal in the interest of justice. As the People essentially concede, the court's jury charge constructively amended the indictment (see People v Kaminski, 58 N.Y.2d 886 [1983]). The indictment was limited to a theory that defendant personally mistreated his dog. However, the court read Agriculture and Markets Law § 353 to the...

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