Opinion
July 12, 1989
Appeal from the Niagara County Court, DiFlorio, J.
Present — Dillon, P.J., Callahan, Balio, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The trial court properly allowed the People to amend counts 5 and 6 of the indictment to correct the date on which the alleged crimes took place (see, CPL 200.70; People v Powell, 137 A.D.2d 730; People v Robinson, 119 A.D.2d 598, 599, lv denied 68 N.Y.2d 816; People v Leon, 115 A.D.2d 907, 908). The amendment did not in any way change the theory of the prosecution's case and defendant failed to demonstrate any credible way in which he would be prejudiced if an adjournment was not granted (People v Clapper, 123 A.D.2d 484, 485, lv denied 69 N.Y.2d 825; People v Leon, supra, at 908).
We have reviewed the other claims raised by defendant and find them to be without merit.