
    The People of the State of New York, Respondent, v Kevin M. Smith, Appellant.
    [823 NYS2d 750]
   Appeal from a judgment of the Chautauqua County Court (Michael L. D’Amico, J.), rendered September 13, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal usury in the first degree.

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