Spain, J.
Following a jury trial, defendant was convicted of rape in the second degree, criminal sale of marihuana in the second degree and endangering the welfare of a child related to a then 13-year-old girl (hereinafter the victim). The victim testified at trial that in August 2001 while she was living with her 30-year-old aunt in Schoharie County, she met Harvey Cook and his friend, defendant. Cook began a relationship with the aunt and
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