
    The People of the State of New York, Respondent, v Brian McGrain, Appellant.
    [825 NYS2d 651]
   Appeal from a judgment of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), rendered July 29, 2004. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the fourth degree.

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