
    The People of the State of New York, Respondent, v Colby Foss, III, Appellant.
    [915 NYS2d 882]
   — Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered June 1, 2005. The judgment convicted defendant, upon a jury verdict, of criminal sexual act in the first degree (three counts) and endangering the welfare of a child.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

All concur except Pine, J., who is not participating. Present— Scudder, P.J., Smith, Green, Pine and Gorski, JJ.  