
    The People of the State of New York, Respondent, v Victor M. Carbajal, Appellant.
    [922 NYS2d 218]
   Appeal from a judgment of the Monroe County Court (John J. Connell, J.), rendered April 4, 2008. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree and driving while intoxicated, a class E felony.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Scudder, P.J., Smith, Lindley, Green and Gorski, JJ.  