People v. Hemingway

Summary

The Court of Appeals held that County Court properly permitted the People to amend the indictment to correct an erroneous reference to the alcohol-intoxication subdivision when the grand-jury evidence, the properly charged second count, and the trial proof all established drug impairment. The amendment corrected a typographical error, did not alter the People's theory, and did not prejudice defendant. The Appellate Division's order was affirmed.