It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, after a nonjury trial, of rape in the second degree (Penal Law § 130.30 [1]) and criminal sexual act in the second degree (§ 130.45 [1]), and acquitting him of rape in the first degree (§ 130.35 [1]). Viewing the evidence in light of the elements of the crimes in this nonjury trial (see People v Danielson...
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