Opinion
December 27, 1994
Appeal from the Supreme Court, Kings County (R. Goldberg, J., Curci, J.).
Ordered that the judgment and the amended judgment are affirmed.
Contrary to the defendant's contention, the Supreme Court properly amended Indictment No. 1184/91 to read that the defendant and his codefendant not only acted in concert with each other, but that they also acted in concert with others. The amendment neither changed the theory of the People's case nor prejudiced the defendant (see, People v Guidice, 83 N.Y.2d 630; People v McEachin, 188 A.D.2d 433; People v Roseboro, 182 A.D.2d 784; People v Gaskin, 184 A.D.2d 525).
We have examined the defendant's remaining contentions, including the issue of whether the defendant's sentence is excessive, and find them to be without merit. Bracken, J.P., Balletta, Friedmann and Krausman, JJ., concur.