Respondent has been charged with Grand larceny; Criminal Possession of Stolen Property; and Unauthorized Use of a Vehicle. Petitioner moved to amend the petition to include three additional charges against respondent: Petit Larceny; Possession of Burglar’s Tools; Possession of Stolen Property in the Third Degree. Respondent submitted an Answering Affirmation and Cross Application for Dismissal, and petitioner submitted a Reply Affirmation which includes a further motion to amend. All of the pleadings and proceedings had herein have been considered in reaching the court’s decision.
The first issue to be addressed in deciding this motion to amend is whether C.P.L. § 100.45(3) is applicable as contended by petitioner, or whether C.P.L. § 100.45(2) is the appropriate subsection as posited by the respondent. The former criminal subsection applies to amendment of an Information, while the latter subsection applies to amendment of a Prosecutor’s Information. Therefore, application of the appropriate subsection depends on the classification of a juvenile delinquency petition as analogous to an Information or Prosecutor’s Information, which appears to be an issue of first impression.