—Judgment unanimously affirmed (see, People v Coleman [appeal No. 1], 219 AD2d 827). (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J.—Attempted Rape, 2nd Degree.) Present—Denman, P. J., Lawton, Hayes, Balio and Boehm, JJ.
The People of the State of New York, Respondent, v. John E. Smith, Appellant
245 A.D.2d 1049665 N.Y.S.2d 499
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