
    The People of the State of New York, Respondent, v John E. Smith, Appellant.
    [665 NYS2d 499]
   —Judgment unanimously affirmed (see, People v Coleman [appeal No. 1], 219 AD2d 827). (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J.—Attempted Rape, 2nd Degree.) Present—Denman, P. J., Lawton, Hayes, Balio and Boehm, JJ.  