
    The People of the State of New York, Respondent, v James C. Szczygiel, Appellant.
    [832 NYS2d 839]—
   Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered September 8, 2004. The judgment convicted defendant, upon his plea of guilty, of attempted criminal sexual act in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Lopez, 6 NY3d 248, 255-256 [2006]). Present—Scudder, P.J., Centra, Lunn, Peradotto and Pine, JJ.  