AD1 order dated February 7, 2013, affirming judgment of conviction. Decision below: 103 AD3d 438, 959 NYS2d 195. Lippman, Ch.J., granted leave July 16, 2013.

ISSUES PRESENTED: (1) Whether there was a variance between the theory of indictment and the proof at trial, in that the evidence showed that the defendant stole only from the Independence Party and not Mayor Bloomberg. (2) The best evidence rule

variance in indictment