Opinion
December 27, 1990
Appeal from the Supreme Court, Bronx County (Robert Seewald, J.).
The then-nine-year-old victim, and her then-seven-year-old brother, who was unsworn, testified that defendant forced her to perform oral sex on May 3 and May 5, 1987, within days of the victim's ninth birthday. While employment records indicated that defendant was working substantially all day on May 5, the defendant was in fact fired on June 5, 1987, for lateness and absenteeism. There was also evidence that employees could "punch in" or "punch out" for one another. Under these circumstances and given the weight of the remaining evidence, the jury could properly find defendant guilty beyond a reasonable doubt.
We find no reason to review, in the interests of justice, defendant's unpreserved contentions regarding the sufficiency of the indictment. Each count of the indictment, which charged a single offense, put defendant on notice of the charges (People v. Keindl, 68 N.Y.2d 410). Nor were the time periods charged in the indictment unreasonable as a matter of law (see, People v. Morris, 61 N.Y.2d 290).
Defendant's remaining contentions are either unpreserved or without merit.
Concur — Kupferman, J.P., Carro, Asch and Wallach, JJ.