
    The People of the State of New York, Respondent, v Joseph Franco, Appellant.
    [922 NYS2d 218]
   An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Gregory Carro, J.), rendered on or about October 2, 2008, and said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon, it is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed. Concur — Saxe, J.E Friedman, Freedman and Richter, JJ.  