— Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski, A.J.), rendered March 24, 2009. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree and assault in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present — Centra, J.P., Peradotto, Lindley, Sconiers and Gorski, JJ.