Summary
In People v Ganett (51 NY2d 991), the Court of Appeals held that it was error for the trial court to deny the People's motion to amend an indictment to substitute the name of Sabu Gary, the true name of the defendant, for the erroneous name appearing in the indictment.
Summary of this case from People v. IqbalOpinion
Argued October 17, 1980
Decided November 20, 1980
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, WILLIAM J. FLYNN, JR., J.
Sheldon M. Markel for appellant.
Edward C. Cosgrove, District Attorney (Ernest G. Anstey of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
The defendant's contention that the indictment was a blank authorization permitting the police to arrest any person whom they might choose is wholly without merit. It is obvious that the Grand Jury intended to indict the specific person who sold heroin to Petronella on March 12, 1976, that person having been identified to the Grand Jury as "Sabu Ganett". This was the only reasonable interpretation to be drawn from the Grand Jury testimony of Petronella.
In these circumstances it was error for the trial court to deny the motion of the People to amend the indictment to substitute the name of Sabu Gary, the true name of the defendant, for Sabu Ganett.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.
Order affirmed.