¶1—Judgment affirmed.
¶2All 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.