Appeal from a judgment of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered December 22, 2010. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree. It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Thomas (114 AD3d 1165 [2014]). Present — Smith, J.R, Peradotto, Lindley, Valentino and Whalen, JJ.