Majority
p. 1039The People of the State of New York, Respondent, v Jackie D. Cornette, Also Known as Gary Capman, Appellant. [619 NYS2d 1001]
—Judgment unanimously affirmed (see,
p. 1040
People v Saunders, 1092, 1093, lv denied 81 NY2d 1019 ). (Appeal from Judgment of Erie County Court, LaMendola, J. —Rape, 1st Degree.) Present—Pine, J. P., Balio, Fallon, Doerr and Boehm, JJ.