Opinion
February 9, 1993
Appeal from the Supreme Court, New York County (Nicolas Figueroa, J.).
Where a defendant did not receive fair notice of the charge against him, reversal of the conviction of that charge is required (People v Grega, 72 N.Y.2d 489, 496). Here, count three of the indictment mistakenly charged defendant with criminal possession of heroin instead of cocaine. The indictment was never amended. Neither the People nor the trial court ever corrected this error, and it appears from the record that the jury may have been confused as to which substance was the focus in that count, which is, therefore, dismissed. Consequently, defendant was deprived of fair notice that he was facing a charge of criminally possessing cocaine.
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Carro, J.P., Milonas, Ellerin and Asch, JJ.