People v. Davis

Judgment unanimously affirmed. Memorandum: Defendant was charged in a multiple-count indictment with the commission of various sex offenses upon his 12-year-old niece on various occasions beginning in September 1987 and ending on April 21, 1988. Upon the conclusion of proof and prior to summations, the People moved to amend the indictment to conform with the complainant’s testimony that the first sexual encounter occurred about two weeks after she began living with her aunt and defendant in July 1987. The People’s application was timely (see, CPL 200.70 [1]; People v Johnson, 115 AD2d 794).…