
    The People of the State of New York, Respondent, v Charles Gaines, Appellant.
    (Appeal No. 2.)
    [844 NYS2d 738]
   Appeal from a judgment of the Supreme Court, Monroe County (Stephen R. Sirkin, A.J.), rendered December 3, 2003. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.

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

Same memorandum as in People v Gaines (45 AD3d 1404 [2007]). Present—Gorski, J.P., Martoche, Smith, Peradotto and Green, JJ.  