— Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J), rendered March 24, 2009. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree. It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Martinez (100 AD3d 1424 [2012]). Present — Scudder, P.J., Smith, Fahey, Garni and Valentino, JJ.