Defendant is the father of two girls, born in April 1987 and November 1988. In December 1997, he was found guilty of rape in the first degree, attempted rape in the first degree and two counts of sodomy in the first degree following a jury trial. The sodomy and rape convictions stem from allegations that he had inappropriate sexual contact with his eldest daughter in the fall of 1996 and on or about December 29, 1996. The attempted rape conviction stems from allegations that he had inappropriate sexual contact with his youngest daughter on January 5, 1997. Sentenced to an aggregate prison term of 18 to 36 years, defendant appeals. We affirm.
Defendant first claims that the sodomy convictions should be vacated because the indictment failed to give him sufficient notice of the dates on which these crimes occurred, thereby denying him of due process.
We are also unpersuaded by defendant’s contention that the verdicts finding him guilty of rape and attempted rape were against the weight of the evidence. Defendant’s February 4, 1997 confession to police was read to the jury. In this statement, he admitted that had “sexually abused” his eldest daughter over a three-year period and stated that “[t]he last time I had sexual intercourse with [her] was December 29, 1996” (emphasis supplied). In addition to this evidence, both
We likewise reject defendant’s challenge to the legal sufficiency of the rape conviction. Viewing the evidence in a light most favorable to the People (see, People v Contes,
Defendant’s remaining contentions have been reviewed and found to be lacking in merit.
Mikoll, J. P., Mercure, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed.
Notes
Having moved to dismiss these particular counts of the indictment (originally denominated as counts 25 and 26, respectively) on the ground of insufficient notice, defendant’s argument attacking the sufficiency of the indictment concerning these charges, and ensuing convictions thereon, is properly preserved for review (compare, People v Edkin,
