How have courts dealt with clerical errors under the Criminal Code of New York?

[83 N.Y.2d 274] Cases decided under the code demonstrate how restricted the grant of power was. In People v. Van Every, 222 N.Y. 74, 118 N.E. 244, a clerical error in an indictment set the date of the crime as October 17, 1915--a date in the future--rather than October 17, 1914. The trial court allowed an amendment to correct the error. Our Court reversed, holding correction of the error, though apparently technical in origin, was "not one of form but of substance". This was so, we said, because a future crime was an impossibility

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