
    The People of the State of New York, Respondent, v Jose Ortega, Appellant.
    [912 NYS2d 476]
   An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Carol Berkman, J.), rendered on or about May 20, 2009, and said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon, it is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed. Concur — Mazzarelli, J.P., Acosta, Richter, AbdusSalaam and Román, JJ.  