People v. Dye

Appeal from a judgment of the Ontario County Court (Craig *765J. Doran, J.), rendered November 12, 2003. The judgment convicted defendant, upon a jury verdict, of rape in the first degree and rape in the third degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of rape in the first degree (Penal Law § 130.35 [4]) and rape in the third degree (§ 130.25 [3]). The victim was defendant’s 12-year-old relative^. We reject the contention of defendant that he was…