Appellate Division of the Supreme Court of the State of New York October 2, 2009, Appeal No. 1 (People v. Witherspoon)

Appeal from a judgment of the Livingston County Court (Joan S. Kohout, A.J.), rendered July 11, 2006. The judgment convicted defendant, upon a jury verdict, of rape in the first degree, assault in the second degree and unlawfully dealing with a child in the first degree.

*1457It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: In appeal No.