Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered July 9, 2012. The judgment convicted defendant, upon a jury verdict, of criminal sexual act in the first degree. It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Bailey ([appeal No. 2] 129 AD3d 1493 [2015]).
Present — Scudder, P.J., Smith, Carni, Lindley and DeJoseph, JJ.