
    The People of the State of New York, Respondent, v Elvin B. Garcia, Appellant.
    [915 NYS2d 512]
   — An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, Bronx County (John N. Byrne, J.), rendered on or about October 14, 2008, and said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon, it is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed. Concur — Tom, J.E, Saxe, Moskowitz, DeGrasse and Abdus-Salaam, JJ.  