Appeal from a judg*1257ment of the Supreme Court, Erie County (Joseph S. Forma, J.), rendered December 10, 2004. 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 be and the same hereby is unanimously affirmed. Present—Kehoe, J.P, Martoche, Centra, Green and Pine, JJ.