Opinion
December 26, 1991
Appeal from the Oswego County Court, Brandt, J.
Present — Callahan, J.P., Green, Pine, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted of four counts of first degree sodomy involving the nine-year-old daughter of a woman who resided with defendant in his trailer. The indictment alleged that each incident occurred "on or about during the spring months of 1989." Under the circumstances of this case, such allegations were sufficiently specific (see, CPL 200.50; People v Keindl, 68 N.Y.2d 410, 420; People v Morris, 61 N.Y.2d 290; People v Cangiano, 156 A.D.2d 575, lv denied 75 N.Y.2d 964; People v Jones, 133 A.D.2d 972, lv denied 70 N.Y.2d 956). The indictment was not duplicitous. None of the counts alleged multiple offenses, and the victim testified about separate incidents. Although the court erred in not charging that the victim's mother was an accomplice as a matter of law (see, People v Sweet, 78 N.Y.2d 263; People v Teitelbaum, 138 A.D.2d 647, 649), the error is harmless given the overwhelming evidence of defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230; People v Torres, 160 A.D.2d 746, 747, lv denied 76 N.Y.2d 897; People v Teitelbaum, supra; People v Sawyer, 107 A.D.2d 1045, 1046). Defendant's sentence was less than the maximum and not excessive.