Opinion
Submitted March 23, 2000.
May 22, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered June 4, 1997, convicting him of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Arza Rayches Feldman, Roslyn, N.Y., for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Sharon E. Sloan of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, we find that the trial court properly permitted the People to amend the indictment by changing the description of the weapon unlawfully possessed from revolver to pistol (see, CPL 200.70; cf., People v. Hood, 194 A.D.2d 556). The defendant has not shown that he was prejudiced in any way by the amendment (see, People v. Hartman, 123 A.D.2d 883).
The defendant failed to preserve for appellate review his current contention that he was denied his rights to a speedy trial since the bases for that contention were not raised in the Supreme Court (see, People v. Luperon, 85 N.Y.2d 71, 78; cf., People v. Lawrence, 64 N.Y.2d 200, 203). The defendant's speedy trial motion at the Supreme Court, based on other grounds, was untimely (cf., CPL 210.20; 210.45[1]).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
SANTUCCI, J.P., FRIEDMANN, McGINITY and SMITH, JJ., concur.