People v. Perez, 83 N.Y.2d 269 (1994)
A trial court lacks the statutory authority under CPL 200.70 to amend a criminal indictment by adding a new count, even if the Grand Jury voted on the count but it was omitted due to clerical error; such an omission must be cured by a superseding indictment or re-presentment.
Summary
This case addresses whether a trial court can amend a criminal indictment to add a new charge when that charge was allegedly voted on by the grand jury but omitted from the original indictment due to a clerical error. The New York Court of Appeals held that such amendments are not permissible under CPL 200.70. The Court emphasized that the right to indictment by a Grand Jury is a fundamental constitutional right, and that the statute does not authorize adding new offenses to an indictment post-issuance. The convictions on the added charges were vacated.
Facts
In People v. Perez, the Grand Jury indicted Perez on attempted murder, reckless endangerment, and two counts of attempted assault. Prior to trial, the prosecution sought to amend the indictment to include a charge of criminal possession of a weapon, claiming it was inadvertently omitted despite Grand Jury approval. The trial court allowed the amendment, and Perez was convicted on the added charge.
In People v. Vasquez, the Grand Jury indicted Vasquez on intentional murder and four other counts. The prosecution moved to amend the indictment to include felony murder, again claiming clerical error. The trial court allowed the amendment, and Vasquez was convicted of felony murder.
Procedural History
In both cases, the trial courts granted the People’s motions to amend the indictments. The Appellate Division affirmed the trial courts’ decisions. The New York Court of Appeals consolidated the appeals to resolve the common legal issue regarding the permissible scope of indictment amendments.
Issue(s)
Whether a trial court exceeds its authority under CPL 200.70 when it amends a criminal indictment to add a new count that was allegedly voted upon by the Grand Jury but omitted from the original indictment due to clerical error.
Holding
No, because CPL 200.70 does not grant trial courts the power to amend an indictment to add a new charge; the omission must be cured by superseding indictment or re-presentment.
Court’s Reasoning
The Court of Appeals emphasized the constitutional right to indictment by a Grand Jury before trial for serious crimes. The court noted that at common law, indictments could not be amended at all, and statutory authorization for amendments has always been narrowly construed. CPL 200.70 allows amendments for “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.” However, the statute explicitly prohibits amendments