By deleting extraneous and irrelevant language, the court did not unlawfully amend the indictment. The second count of the indictment charged defendant with criminal possession of a weapon in the second degree, based on the theory that he possessed a loaded firearm and had previously been convicted of a crime (see Penal Law §§ 265.03[3]; 265.02[1]). In accordance with CPL 200.60, the language of the count did not refer to defendant's prior conviction; instead...
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