Opinion
2002-1511 SCR.
Decided on March 5, 2004.
Appeal by the People from an order of the District Court, Suffolk County (H. Bergson, J.), dated September 5, 2002, which granted defendant's motion dismissing the informations.
Order unanimously affirmed.
PRESENT: McCABE, P.J., LIFSON and SKELOS, JJ.
In the case at bar, the information originally named Kathleen Kearns as defendant. The record indicates that on March 27, 2002 said informations were dismissed as to Kathleen Kearns and defendant John Kearns was arraigned thereon. Inasmuch as this court has previously held that amendments of an information to add and/or substitute defendants is not permissible ( see People v. Wang, NYLJ, Oct. 22, 2003 [App Term, 9th 10th Jud Dists]; People v. Hempstead Video, Inc., NYLJ, Nov. 22, 1995 [App Term, 9th 10th Jud Dists]; see also CPL 100.45), the order dismissing the informations should not be disturbed. In addition, we note that although the People, on information and belief, alleged that defendant consented to the substitution, there is nothing in the record to support said allegation.