
    The People of the State of New York, Respondent, v Daniel Kennedy, Appellant.
    [838 NYS2d 456]
   Appeal from a judgment of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), rendered December 15, 2005. The judgment convicted defendant, upon his plea of guilty, of sale of unstamped cigarettes.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Present — Scudder, EJ., Gorski, Smith, Fahey and Green, JJ.  