New York Court of Appeals

The People of the State of New York, Respondent v. Jose Perez, Appellant; the People of the State of New York…

March 17, 199483 N.Y.2d 269

Summary

The New York Court of Appeals held that CPL 200.70 does not authorize trial courts to amend an indictment by adding a new offense, even when the omission was due to a clerical error, and vacated the convictions on the added charges while affirming the remaining judgments.