— Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J), rendered March 24, 2009. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Martinez (100 AD3d 1424 [2012]). Present — Scudder, P.J., Smith, Fahey, Garni and Valentino, JJ.