Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered December 4, 2002. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Same Memorandum as in People v Jones ([appeal No. 1] 20 AD3d 908 [2005]). Present—Pigott, Jr., P.J., Green, Gorski, Smith and Hayes, JJ.