Majority
p. 969The People of the State of New York, Respondent, v Ralph E. Stevenson, Appellant. (Appeal No. 2.) [671 NYS2d 370]
—Judgment unanimously affirmed. Same Memorandum as in People v Stevenson ( 249 AD2d 968 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J.— Attempted Use Child Sexual Performance.) Present — Denman, P. J., Pine, Wisner, Callahan and Fallon, JJ.