2022 New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings
Title I - Preliminary Proceedings in Superior Court
Article 200 - Indictment and Related Instruments
200.70 - Indictment; Amendment Of.

§ 200.70 Indictment; amendment of.
  1. At any time before or during trial, the court may, upon application
of  the  people  and  with notice to the defendant and opportunity to be
heard, order the amendment of an indictment  with  respect  to  defects,
errors  or  variances  from the proof relating to matters of form, time,
place, names of persons and the like, when such an  amendment  does  not
change  the  theory  or  theories of the prosecution as reflected in the
evidence before the grand jury which filed such indictment, or otherwise
tend to prejudice the defendant on  the  merits.  Where  the  accusatory
instrument  is  a  superior  court information, such an amendment may be
made when it does not tend to prejudice the  defendant  on  the  merits.
Upon  permitting  such an amendment, the court must, upon application of
the defendant, order any adjournment of the proceedings  which  may,  by
reason  of such amendment, be necessary to accord the defendant adequate
opportunity to prepare his defense.
  2.  An indictment may not be amended in any respect which changes  the
theory  or  theories  of  the  prosecution  as reflected in the evidence
before the grand jury which filed it; nor may an indictment or  superior
court information be amended for the purpose of curing:
  (a)  A failure thereof to charge or state an offense; or
  (b)  Legal insufficiency of the factual allegations; or
  (c)  A misjoinder of offenses; or
  (d)  A misjoinder of defendants.