Appeal from a judgment of the Herkimer County Court (Patrick L. Kirk, J.), rendered August 23, 2005. 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 *1259and the same hereby is unanimously affirmed. Present— Hurlbutt, A.PJ., Scudder, Gorski and Smith, JJ.