PEOPLE v. BONILLA (2024)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Karen Gopee, J.), rendered May 15, 2023, convicting him of course of sexual conduct against a child in the first degree and criminal sexual act in the first degree (five counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant was convicted of course of sexual conduct against a child in the first degree and five counts of criminal sexual act in the first degree in connection with his sexual abuse over the course of several years of the complainant, who viewed the defendant as a father figure.

The defendant's contentions that the counts in the indictment of criminal sexual act in the first degree were duplicitous and that these counts were multiplicitous of the count of course of sexual conduct against a child in the first degree are unpreserved for appellate review (see People v. Allen, 24 N.Y.3d 441, 448–450, 999 N.Y.S.2d 350, 24 N.E.3d 586;  People v. Benn, 210 A.D.3d 690, 692, 177 N.Y.S.3d 696), and, under the circumstances of this case, we decline to review them in the exercise of our interest of justice jurisdiction (see CPL 470.05[2];  470.15[3][c];  People v. Benn, 210 A.D.3d 690, 177 N.Y.S.3d 696;  People v. Denton, 187 A.D.3d 933, 933–934, 130 N.Y.S.3d 370).

DILLON, J.P., WARHIT, WAN and GOLIA, JJ., concur.