The indictment alleged a proper time frame and was not constitutionally infirm. The count charging rape in the third degree alleged a single incident falling within a specific 37-day period. The victim, defendant's stepdaughter, who was 16 years old at the time of that incident, first reported the crime to her mother several years later, and the specified time frame was the victim's best recollection. The People exercised diligent investigatory efforts and were unable to allege a more specific time period, and the time frame they alleged provided defendant with reasonable notice given all the surrounding circumstances (see People v. Morris, 61 N.Y.2d 290; People v. Feliciano, 196 A.D.2d 774, lv denied 82 N.Y.2d 894). The endangering the welfare of a child count alleged a 10-year period, which was reasonable under all the circumstances since the crime was a continuing offense (see People v. Keindl, 68 N.Y.2d 410, 421-22), and since it occurred almost daily for 10 years.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.