Opinion
(1275) KA 00-00230.
November 9, 2001.
(Appeal from Judgment of Ontario County Court, Harvey, J. — Rape, 3rd Degree.)
PRESENT: GREEN, J.P., HAYES, WISNER, SCUDDER AND KEHOE, JJ.
Judgment affirmed.
All concur except Green, J.P., who dissents and votes to reverse in the same dissenting Memorandum as in People v. Powers ([appeal No. 1] 288 A.D.2d 861 [decided herewith]).