Opinion
July 1, 2005.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered September 10, 2003. The judgment convicted defendant of, inter alia, rape in the first degree.
Present: Green, J.P., Gorski, Martoche, Smith and Hayes, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed ( see People v. Hidalgo, 91 NY2d 733, 737).