—Judgment unanimously affirmed. Same Memorandum as in People v Gugino ([appeal No. 1] 229 AD2d 968 [decided herewith]). (Appeal from Judgment of Erie County Court, D’Amico, J.—Rape, 3rd Degree.) Present—Green, J. P., Lawton, Fallon, Doerr and Boehm, JJ.
The People of the State of New York, Respondent, v. Anthony Gugino, Appellant
229 A.D.2d 968646 N.Y.S.2d 488
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