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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEONARDO DELACRUZ, Appellant.

The indictment was not jurisdictionally defective. The People are not required to specify in the indictment whether a defendant is being charged as a principal or as an accomplice (People v. Guidice, 83 N.Y.2d 630, 637). The use of the word "pistol" in the indictment regarding the weapon possession and assault counts "constituted sufficient factual support for the subject element of the crimes charged (see, CPL 200.50 [a]) as well as a sufficient description of the particular implement allegedly displayed by defendant (see, CPL 200.50 [b])" (People v. Singleton, 72 N.Y.2d 845, 847).

We conclude that defendant received effective assistance of counsel (People v. Baldi, 54 N.Y.2d 137).

Defendant's remaining contentions are unpreserved and without merit.

Concur — Milonas, J. P., Rosenberger, Ellerin and Tom, JJ.

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PEOPLE v. DELACRUZ
(Feb 5, 1998)