
    The People of the State of New York, Respondent, v Richard Archie, Appellant.
    [823 NYS2d 750]
   Appeal from a judgment of the Supreme Court, Erie County (Joseph S. Forma, J.), rendered December 10, 2004. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.

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