Does an Indictment charging a defendant as a principal in a sexual assault case extend a Defendant's basis of liability?

"New York", United States of America

The following excerpt is from People v. Perulli, 117 N.Y.S.3d 811 (Table), 64 Misc.3d 1232 (A) (N.Y. Cty. Ct. 2019):

Although not reached here, it is noted that an Indictment charging a defendant as a principal is not unlawfully amended by the admission of proof and instruction to the jury that a Defendant is additionally charged with acting-in-concert to commit the same crime, nor does it impermissibly broaden a Defendant's basis of liability, as there is no legal distinction between liability as a principal or criminal culpability as an accomplice (See also People v. Duncan, supra ).

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