People v. Luna
Cases that cite this one
2 later published cases cite this decision.
- People v. Suarez (Westchester County Court 2022)
- People v. Fonvil (Appellate Division of the Supreme Court of New York 2021)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal by the defen
Ordered that the judgment is affirmed.
The original indictment, as well as the court’s amendment of the indictment, were proper. Each accusatory instrument contained all of the required elements for a valid indictment (see, People v Iannone, 45 NY2d 589, 598). The indictment, as amended, reflected the statutory language as well as the actual charge voted upon by the Grand Jury (see, People v Penna, 261 AD2d 641). The amendment did not change the theory of the case or otherwise prejudice the defendant on the merits (see, People v Shapiro, 227 AD2d 506; People v Roseboro, 182 AD2d 784). Furthermore, there is no doubt that the crime charged in the amended indictment was the same criminal transaction for which the Grand Jury intended to indict the defendant, as the nature of the crime as well as the underlying facts were the same (see, People v Spann, 56 NY2d 469, 473-474; People v Barbaran, 118 AD2d 578).
The defendant’s remaining contentions are either unpreserved for appellate review, without merit, or relate to errors that are harmless in light of the overwhelming evidence of guilt (see, People v Crimmins, 36 NY2d 230). Sullivan, J. P., S. Miller, Friedmann and Schmidt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.