Appeal from a resentence of the Supreme Court, Erie County (Russell E Buscaglia, A.J.), rendered September 29, 2008. Defendant was resentenced upon his conviction of murder in the second degree and criminal possession of a weapon in the third degree. It is hereby ordered that the resentence so appealed from is unanimously affirmed.
Same memorandum as in People v Guinyard (72 AD3d 1545 [2010]). Present—Smith, J.P., Centra, Fahey and Pine, JJ.