Opinion
July 17, 1995
Appeal from the County Court, Westchester County (West, J.).
Ordered that the judgment is affirmed.
Pursuant to CPL 200.70, the trial court is authorized to order the amendment of an indictment at any time before or during the trial with respect to defects, errors, or variances from the proof relating to matters of form, time, place, names of persons, and the like when the proposed amendment does not change the theory of the prosecution, as reflected in the evidence before the Grand Jury, or otherwise tend to prejudice the defendant on the merits (see, People v. Hood, 194 A.D.2d 556; see also, People v. Nichols, 193 A.D.2d 764; People v. Johnson, 163 A.D.2d 613).
The trial court properly granted the prosecutor's motion to amend the indictment in this case. The amendment, which was to correct an obvious clerical error, did not change the theory of the prosecution (see, People v. Grega, 72 N.Y.2d 489, 499; see, People v. Gray, 157 A.D.2d 596; People v. Heaton, 59 A.D.2d 704). It simply conformed the indictment to the evidence that was presented to the Grand Jury to accurately reflect the criminal act for which the Grand Jury had intended to indict the defendant (see, People v. Hood, supra; People v. Johnson, supra). In addition, the defendant was not prejudiced in any way by the amendment (see, People v. Sage, 204 A.D.2d 746; People v. Hood, supra; People v. Gray, supra).
The defendant's remaining contentions are without merit. Sullivan, J.P., O'Brien, Altman and Goldstein, JJ., concur.