
    The People of the State of New York, Respondent, v Thomas M. Roland, III, Appellant.
    [817 NYS2d 566]
   from a judgment of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), rendered September 24, 2004. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Lopez, 6 NY3d 248, 255-256 [2006]). Present—Hurlbutt, J.P., Kehoe, Gorski, Green and Pine, JJ.  