Opinion
March 11, 1994
Appeal from the Yates County Court, Falvey, J.
Present — Denman, P.J., Green, Lawton, Callahan and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: The indictment and the original special information charged all the necessary elements of aggravated unlicensed use of a motor vehicle in the first degree (Vehicle and Traffic Law § 511). We find no infirmity in the prosecutor's later amendment of the special information to conform to the holding of People v. Cooper ( 78 N.Y.2d 476, 483), transferring from the indictment to the special information all facts to be established through proof of the prior conviction.
Upon our review of the record, we conclude that the evidence is sufficient to support the conviction and that the conviction is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). We have examined the remaining issues raised by defendant and find them lacking in merit.