
    The People of the State of New York, Respondent, v Julio J. Solivan, Appellant.
    [833 NYS2d 421]
   Appeal from a judgment of the Monroe County Court (John J. Connell, J), rendered April 2, 2004. The judgment convicted defendant, upon his plea of guilty, of assault in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Present—Gorski, J.P, Martoche, Centra, Lunn and Green, JJ.  