New York Court of Appeals

The People of the State of New York v. Randolph Harper

June 12, 197537 N.Y.2d 96

Summary

The New York Court of Appeals held that an amendment to an information after the commencement of trial, even by stipulation, does not satisfy CPL 100.45(3) and therefore is ineffective. Because the amendment was ineffective, the trial court lacked subject‑matter jurisdiction over the added menacing counts and the convictions were vacated.