People v. Swan

Appellate Division of the Supreme Court of New York

People v. Swan

248 A.D.2d 1010, 670 N.Y.S.2d 155, 1998 N.Y. App. Div. LEXIS 3103

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 13, 1998

StatusPublished

This text of 248 A.D.2d 1010 (People v. Swan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Swan, 248 A.D.2d 1010, 670 N.Y.S.2d 155, 1998 N.Y. App. Div. LEXIS 3103 (N.Y. Ct. App. 1998).

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Opinion

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]), defendant contends that County Court erred in permitting the prosecutor at the close of proof to amend the indictment to charge that the offense occurred in a parking lot rather than on a highway (see, CPL 200.70 [1]). By failing to object to the amendment, however, defendant failed to preserve his contention for our review (see, CPL 470.05 [2]), and we decline to exercise our power to address it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Onondaga County Court, Burke, J. — Felony Driving While Intoxicated.)

Present — Green, J. P., Lawton, Wisner, Callahan and Balio, JJ.

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—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]), defendant contends that County Court erred in permitting the prosecutor at the close of proof to amend the indictment to charge that the offense occurred in a parking lot rather than on a highway (see, CPL 200.70 [1]). By failing to object to the amendment, however, defendant failed to preserve his contention for our review (see, CPL 470.05 [2]), and we decline to exercise our power to address it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Onondaga County Court, Burke, J. — Felony Driving While Intoxicated.)

Present — Green, J. P., Lawton, Wisner, Callahan and Balio, JJ.

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Bluebook (online)

248 A.D.2d 1010, 670 N.Y.S.2d 155, 1998 N.Y. App. Div. LEXIS 3103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-swan-nyappdiv-1998.

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