Opinion
November 15, 1991
Appeal from the Niagara County Court, DiFlorio, J.
Present — Callahan, A.P.J., Denman, Pine, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: The trial court properly rejected defendant's request to charge sexual misconduct as a lesser included offense of rape in the first degree and sodomy in the first degree (see, People v. Blackwell, 177 A.D.2d 952 [decided herewith]).
We have examined defendant's other contention and find it to be without merit.