
    The People of the State of New York, Respondent, v Richard A. Fernandez, Appellant.
    [788 NYS2d 883]
   Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered March 24, 2004. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present — Hurlbutt, J.P., Gorski, Martoche, Smith and Lawton, JJ.  