Opinion
Submitted March 22, 1985
Decided April 23, 1985
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Charles P. Garvey, J.
Livingston L. Hatch for appellant.
John C. McDonald, District Attorney, for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed for so much of the reasons stated in the memorandum of that court as holds that the jury could infer defendant's intent to rape from his conduct and the surrounding circumstances ( People v Bracey, 41 N.Y.2d 296, 301) and could find that he acted to "carry the project forward within dangerous proximity to the criminal end to be attained" ( People v Werblow, 241 N.Y. 55, 61). We also agree that it was not error under these circumstances for the trial court to refuse to charge the misdemeanor of coercion in the second degree as a lesser included offense of the felony of coercion in the first degree ( People v Glover, 57 N.Y.2d 61; People v Discala, 45 N.Y. 38, 42-43).
The defendant's other contentions are either unpreserved or without merit.
Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.
Order affirmed in a memorandum.