
    The People of the State of New York, Respondent, v Shelby Holcomb, Appellant.
    (Appeal No. 1.)
    [876 NYS2d 917]
   Appeal from a judgment of the Erie County Court (Michael L. D’Amico, J), rendered August 22, 2007. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Holcomb (61 AD3d 1356 [2009]). Present—Hurlbutt, J.P., Martoche, Centra, Peradotto and Gorski, JJ.  