Opinion
Submitted September 7, 1999
October 18, 1999
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Sheridan, J.).
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court did not improvidently exercise its discretion in permitting the People to amend the indictment at the close of their case. The amendment was proper since it did not change the theory of the prosecution or otherwise prejudice the defendant on the merits (see, CPL 200.70; People v. Simmons, 212 A.D.2d 643; People v. Hood, 194 A.D.2d 556; People v. Johnson, 163 A.D.2d 613).
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is without merit.
BRACKEN, J.P., KRAUSMAN, McGINITY, and SCHMIDT, JJ., concur.