
    The People of the State of New York, Respondent, v Richard A. Simmons, Appellant.
    (Appeal No. 1.)
    [837 NYS2d 894]
   Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered January 8, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a forged instrument in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present — Martoche, J.P., Smith, Centra, Peradotto and Pine, JJ.  