PEOPLE v. PARRILLA


285 A.D.2d 157 (2001)

730 N.Y.S.2d 301

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT PARRILLA, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 13, 2001.


Attorney(s) appearing for the Case

David S. Weisel of counsel (Elizabeth F. Bernhardt on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for respondent.

Eric E. Rothstein for appellant.

NARDELLI, J. P., ELLERIN, BUCKLEY and MARLOW, JJ., concur.


OPINION OF THE COURT

TOM, J.

The issue presented for review is whether an indictment which contains the correct time periods in which the crimes were committed but also includes time periods postdating the filing of the indictment, during which commission of the offenses would have been impossible, is jurisdictionally defective ab initio and not amendable. We find that the defect was not jurisdictional and, therefore, that the amendment to correct...

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