People v. Latouche

• Decision Date: 18 March 2003
• Citation: People v. Latouche, 303 A.D.2d 246, 755 N.Y.S.2d 833 (N.Y. App. Div. 2003)
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>FELIX LATOUCHE, Appellant.
• Court: New York Supreme Court — Appellate Division

303 A.D.2d 246

755 N.Y.S.2d 833

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.FELIX LATOUCHE, Appellant.

Decided March 18, 2003.

Concur — Mazzarelli, J.P., Andrias, Saxe, Ellerin and Williams, JJ.

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 NY2d 290 [1984]; People v Feliciano, 196 AD2d 774 [1993], lv denied 82 NY2d 894 [1993]). The endangering the welfare of a child count alleged a 10-year period,...