
    The People of the State of New York, Respondent, v John W. Shaw, Appellant.
    [913 NYS2d 627]
   Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered August 31, 2009. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Lococo, 92 NY2d 825, 827 [1998]). Present — Martoche, J.E, Smith, Fahey, Peradotto and Green, JJ.  