Appellate Division of the Supreme Court of the State of New York July 14, 1995 (People v. Thompson)

Judgment unanimously reversed on the law and new trial granted. Memorandum: County Court erred in permitting the People to amend the indictment at the close of the People’s proof. The

*930indictment charged defendant with driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3).