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PEOPLE v. PEALS

1922, 2858/13.

143 A.D.3d 535 (2016)

2016 NY Slip Op 06765

38 N.Y.S.3d 803

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CRAIG PEALS, Appellant.

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

Decided October 13, 2016.

The indictment, which stated all the elements of second-degree assault, was not rendered jurisdictionally defective by the circumstances that it incorrectly alleged that the crime was committed on a certain date, and that defendant was apparently incarcerated on that date (see People v Iannone, 45 N.Y.2d 589, 600-601 [1978]). Unlike the situation in People v Van Every (222 N.Y. 74 [1917]), where an incorrect date rendered...

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