PEOPLE v. SPANN


56 N.Y.2d 469 (1982)

The People of the State of New York, Respondent, v. John Spann, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1982.


Attorney(s) appearing for the Case

Philip L. Weinstein and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Peter D. Coddington and Steven R. Kartagener of counsel), for respondent.

Chief Judge COOKE and Judges WACHTLER, FUCHSBERG and MEYER concur with Judge JASEN; Judge GABRIELLI concurs in result only; Judge JONES dissents and votes to reverse in a separate opinion.


JASEN, J.

The sole issue presented for our consideration is whether the trial court, in its charge to the jury, constructively amended the indictment in violation of defendant's rights under the State Constitution by modifying an essential element of the crime charged. We conclude that it did not.

The Bronx County Grand Jury handed down an indictment charging defendant with first degree robbery. (Penal...

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