Opinion
October 3, 1995
Appeal from the Supreme Court, Bronx County (Lawrence Bernstein, J.).
The trial court properly denied defendant's motion to dismiss the indictment for failure to allege with specificity the precise date of commission of each of the crimes. The complainant was abused by her natural father when she was seven years old and, when the crimes were reported some four years later, the prosecutor acted diligently in instituting the criminal proceedings. Moreover, the period charged in the indictment was one month, October 1987. In view of the fact that the complainant was only seven years old at the time of the commission of these crimes and had been threatened with violence were she to report them, the allegations of time set forth in the indictment were sufficient under all of these circumstances. There is no proof that the People failed to act diligently in their investigatory efforts to narrow the precise dates of the crimes ( see, People v Watt, 84 N.Y.2d 948; People v. Morris, 61 N.Y.2d 290, 294-296).
Further, we reject defendant's claim that the verdict was against the weight of the credible evidence. There is nothing in the complainant's testimony which demonstrates that the jury's verdict was manifestly erroneous or so plainly unjustified as would require this Court to disturb the verdict ( People v Bleakley, 69 N.Y.2d 490).
Concur — Sullivan, J.P., Ellerin, Rubin, Kupferman and Asch, JJ.