People v. Gouyagadosh
Opinion of the Court
—Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered on or about July 5, 2000, convicting defendant, after a jury trial, of attempted grand larceny in the second degree and criminal possession of stolen property in the third degree, and sentencing him to an intermittent term of imprisonment of two weekends, concurrent with five years probation, unanimously affirmed.
The court properly granted the People’s motion, made during jury selection, to reduce the charges of grand larceny in the second degree and criminal possession of stolen property in the second degree to the lesser included offenses of attempted grand larceny in the second degree and criminal possession of stolen property in the third degree, respectively. Even if the court’s action could be viewed as an “amendment” of the indictment pursuant to CPL 200.70, the court did not impermissibly add new charges (compare, People v Perez, 83 NY2d 269), because each of the original counts of the indictment necessarily contained the respective reduced charges as lesser included offenses of those counts (People v Udzinski, 146 AD2d 245, 254, lv denied 74 NY2d 853; see also, Dedieu v People, 22 NY 178,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.