Opinion
Submitted January 26, 2000
March 30, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered September 17, 1996, convicting him of robbery in the second degree, burglary in the second degree, and robbery in the third degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Frances A. Gallagher of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and James A. Dolan of counsel), for respondent.
THOMAS R. SULLIVAN, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The original indictment, as well as the court's amendment of the indictment, were proper. Each accusatory instrument contained all of the required elements for a valid indictment (see, People v. Iannone, 45 N.Y.2d 589, 598 ). The indictment, as amended, reflected the statutory language as well as the actual charge voted upon by the Grand Jury (see, People v. Penna, 261 A.D.2d 641 ). The amendment did not change the theory of the case or otherwise prejudice the defendant on the merits (see, People v. Shapiro, 227 A.D.2d 506 ;People v. Roseboro, 182 A.D.2d 784 ). Furthermore, there is no doubt that the crime charged in the amended indictment was the same criminal transaction for which the Grand Jury intended to indict the defendant, as the nature of the crime as well as the underlying facts were the same (see, People v. Spann, 56 N.Y.2d 469, 473-474 ; People v. Barbaran, 118 A.D.2d 578 ).
The defendant's remaining contentions are either unpreserved for appellate review, without merit, or relate to errors that are harmless in light of the overwhelming evidence of guilt (see,People v. Crimmins, 36 N.Y.2d 230 ).
SULLIVAN, J.P., S. MILLER, FRIEDMANN, and SCHMIDT, JJ., concur.