
    The People of the State of New York, Respondent, v Ricky Rizek, Appellant.
    (Appeal No. 2.)
    [881 NYS2d 351]
   Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered July 24, 2006. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree.

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

Same memorandum as in People v Rizek (64 AD3d 1180 [2009]). Present—Scudder, PJ., Smith, Centra, Peradotto and Green, JJ.  