
    The People of the State of New York, Respondent, v Jonathan Smith, Appellant.
    [913 NYS2d 624]
   Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski, A.J.), rendered April 21, 2009. The judgment convicted defendant, upon his plea of guilty, of criminal sexual act in the first degree (two counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present — Scudder, EJ., Garni, Lindley, Fine and Gorski, JJ.  