¶1Appeal from a judg*1787ment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered May 14, 2009. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.
¶2It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present — Martoche, J.P., Centra, Fahey, Bindley and Sconiers, JJ.