The People of the State of New York, Respondent, v. William F. Powers, Appellant

—Judgment affirmed.

All concur except Green, J. P., who dissents and votes to reverse in the same dissenting Memorandum as in People v Powers (288 AD2d 861 [decided herewith]). (Appeal from Judgment of Ontario County Court, Harvey, J. — Rape, 3rd Degree.) Present — Green, J. P., Hayes, Wisner, Scudder and Kehoe, JJ.