
    The People of the State of New York, Respondent, v Gerald Divelbliss, Appellant.
    [831 NYS2d 90]
   Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered June 22, 2005. The judgment convicted defendant, after a nonjury trial, of assault in the third degree and, upon his plea of guilty, of criminal possession of a controlled substance in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Present— Hurlbutt, J.E, Gorski, Lunn, Peradotto and Green, JJ.  