Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered February 13, 2003. The judgment convicted defendant, upon his plea of guilty, of rape in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Pigott, Jr., P.J., Pine, Kehoe, Gorski and Martoche, JJ.