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PEOPLE v. WINSTON

Ind. No. 2967/17. Appeal No. 15082. Case No. 2019-3113.

205 A.D.3d 32 (2022)

165 N.Y.S.3d 55

2022 NY Slip Op 02080

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRYAN WINSTON, Appellant.

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

Decided March 24, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Lena Janoda and David Klem of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Franklin R. Guenthner and Alan Gadlin of counsel), for respondent.

OPINION OF THE COURT

The primary issue on this appeal is whether the trial court properly amended the indictment pursuant to CPL 200.70 at the conclusion of the trial by replacing in the accusatory clauses the offenses of assault in the second degree as a hate crime and attempted assault in the second degree as a hate crime with...

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