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PEOPLE v. TURNER

Motion No. M-4340.

143 A.D.3d 582 (2016)

2016 NY Slip Op 06889

40 N.Y.S.3d 369

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRAILLE TURNER, Appellant.

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

Decided October 20, 2016.

Although the indictment charged defendant with aggravated criminal contempt based on intentionally causing injury, the court charged the jury that defendant could be convicted if he acted intentionally or recklessly. In doing so, the court impermissibly expanded the scope of the indictment (see CPL 200.70 [2]; People v Kaminski, 58 N.Y.2d 886 [1983]). Because the jury found defendant not guilty of all the charges stemming...

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