Opinion
September 28, 1993
Appeal from the Supreme Court, Bronx County (Robert L. Cohen, J.).
Viewing the evidence at trial in the light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt of the crimes charged is amply supported (People v Bleakley, 69 N.Y.2d 490). The jury's determinations of fact and credibility, not unreasonable, will not be disturbed by this Court (People v Gruttola, 43 N.Y.2d 116, 122).
The 37 day time period set forth in the indictment with regard to the first incident was reasonable in the circumstances, where the complainant was 13 years old, with a serious hearing impairment that affected her speech, the accusation involved a person related by marriage to the complainant's family, and there was no showing that the People failed in their duty to obtain as much specific information as possible regarding the date and time of the offense (People v Morris, 61 N.Y.2d 290, 296).
Regarding the second incident, defendant expressly consented to the amendment of the indictment to read "on or about August 25, 1989", based upon information received by the People from the complainant's mother, and declined the trial court's offer of an adjournment of the trial to accord him a further opportunity to prepare his defense (see, CPL 200.70).
Concur — Carro, J.P., Ellerin, Wallach and Ross, JJ.