No. 37. Argued February 17, 2009. decided April 7, 2009. APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered January 3, 2008. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Lewis Bart Stone, J.), which had convicted defendant, upon a jury verdict, of rape in the first degree, kidnapping in the second degree, burglary in the first degree, attempted