
    The People of the State of New York, Respondent, v Martin Considine, Appellant.
    [797 NYS2d 345]
   Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered September 10, 2003. The judgment convicted defendant of, inter alia, rape in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Green, J.P., Gorski, Martoche, Smith and Hayes, JJ.  