
    The People of the State of New York, Respondent, v Anthony S. Pignataro, Appellant.
    [939 NYS2d 923]
   Appeal from a resentence of the Supreme Court, Erie County (John L. Michalski, A.J.), rendered May 4, 2010. Defendant was resentenced pursuant to Penal Law § 70.85.

It is hereby ordered that the resentence so appealed from is unanimously affirmed (see People v Williams, 82 AD3d 1576 [2011], lv denied 17 NY3d 810 [2011]). Present — Smith, J.P, Peradotto, Garni and Sconiers, JJ.  