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People v Kearns (John)
2004 NY Slip Op 50497(U)
Decided on March 5, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 5, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:McCABE, P.J., LIFSON and SKELOS, JJ.
NO. 2002-1511 S CR

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, -

against

JOHN KEARNS, Respondent.


Appeal by the People from an order of the District Court, Suffolk County (H. Bergson, J.), dated September 5, 2002, which granted defendant's motion dismissing the informations.


Order unanimously affirmed.

In the case at bar, the information originally named Kathleen Kearns as defendant. The record indicates that on March 27, 2002 said informations were dismissed as to Kathleen Kearns and defendant John Kearns was arraigned thereon. Inasmuch as this court has previously held that amendments of an information to add and/or substitute defendants is not permissible (see People v Wang, NYLJ, Oct. 22, 2003 [App Term, 9th & 10th Jud Dists]; People v Hempstead Video, Inc., NYLJ, Nov. 22, 1995 [App Term, 9th & 10th Jud Dists]; see also CPL 100.45), the order dismissing the informations should not be disturbed. In addition, we note that although the People, on information and belief, alleged that defendant consented to the substitution, there is nothing in the record to support said allegation.
Decision Date: March 05, 2004