Judgment unanimously affirmed. Same Memorandum as in People v Barker ([appeal No. 1] 254 AD2d 730 [decided herewith]). (Appeal from Judgment of Chautauqua County Court, Himelein, J. — Attempted Rape, 1st Degree.) Present— Pine, J. P., Hayes, Wisner, Balio and Boehm, JJ.