Appellate Division of the Supreme Court of the State of New York June 7, 2012 (People v. Rodriguez)

OPINION OF THE COURT

Friedman, J.P.

On this appeal from a conviction based on a guilty plea, defendant raises two legal arguments. His first argument, which has merit, is that it was improper for the court to amend the indictment, after judgment had been rendered, in the absence of both defendant himself and his attorney, and apparently without *248giving him notice (see CPL 200.