¶1Appeal from a judgment of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered April 18, 2008. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree.
¶2It is hereby ordered that the judgment so appealed from is unanimously affirmed.
¶3Same memorandum as in People v Facen (71 AD3d 1410 [2010]). Present — Smith, J.P., Carni, Pine and Gorski, JJ.