
    The People of the State of New York, Respondent, v Timothy Marlnee, Appellant.
    [616 NYS2d 269]
   Judgment unanimously affirmed (see, People v Saunders, 190 AD2d 1092, 1093, Iv denied 81 NY2d 1019). (Appeal from Judgment of Erie County Court, LaMendola, J.—Rape, 2nd Degree.) Present—Denman, P. J., Pine, Lawton, Wesley and Doerr, JJ.  