Opinion
September 17, 1992
Appeal from the Supreme Court, New York County (Joan C. Sudolnick, J.).
There is no merit to defendant's contention that the People should not have been allowed to amend the indictment during trial. Although the indictment charged defendant with setting fire to a "building", the evidence and instructions provided to the Grand Jury had specified "dwelling". The amendment did not change the People's theory of the case so as to prejudice defendant on the merits, or cure a legal insufficiency in respect to the factual allegations (CPL 200.70, [2]).
While it was improper for a juror to suggest prior to deliberations that a verdict could be quickly reached (People v Hauver, 129 A.D.2d 889, 891), voir dire conducted by the court and the instructions given establish that the ability of the juror to deliberate impartially was not compromised (see, People v Rodriguez, 71 N.Y.2d 214), nor is there any reason to conclude that the evidence was not impartially assessed (People v Hauver, supra).
We have examined defendant's remaining claims and find them to be without merit.
Concur — Rosenberger, J.P., Asch, Kassal and Rubin, JJ.