
    The People of the State of New York, Respondent, v Donald L. Johnson, Appellant.
    (Appeal No. 1.)
    [807 NYS2d 914]
   Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered February 25, 2004. The judgment convicted defendant, upon his plea of guilty, of unauthorized use of a vehicle in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Pigott, Jr., P.J., Hurlbutt, Gorski, Green and Hayes, JJ.  