Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered March 1, 2005. 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.
Same memorandum as in People v Giddens (34 AD3d 1348 [2006]). Present—Scudder, J.E, Kehoe, Martoche and Green, JJ.