People v. Powers , 732 N.Y.S.2d 189 ( 2001 )

—Judgment affirmed.

All concur except Green, J. P., who dissents and votes to reverse in the same dissenting Memorandum as in People v Powers (288 AD2d 861 [decided herewith]). (Appeal from Judgment of Ontario County Court, Harvey, J. — Rape, 3rd Degree.) Present — Green, J. P., Hayes, Wisner, Scudder and Kehoe, JJ.