Appeal from a resentence of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered April 9, 2009. Defendant was resentenced, as a persistent felony offender, upon his conviction of assault in the second degree.
It is hereby ordered that the resentence so appealed from is unanimously affirmed. Present—Scudder, P.J., Peradotto, Carni, Lindley and Sconiers, JJ.