Opinion
March 3, 1994
Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).
The defendant was given fair notice of the charges and the People's theory in the indictment and bill of particulars. The fact that his testimony also satisfied every requisite element of the charged crime under a different theory permitted supplemental jury instructions that the defendant could be found guilty on either the People's theory or the alternative theory arising from defendant's own testimony (People v. Spann, 56 N.Y.2d 469).
Concur — Sullivan, J.P., Ross, Asch, Rubin and Tom, JJ.