Opinion
KA 02-01974.
November 21, 2003.
Appeal from a judgment of Monroe County Court (Schwartz, J.), entered June 18, 2002, convicting defendant upon his plea of guilty of assault in the second degree.
Edward J. Nowak, Public Defender, Rochester (James Eckert of Counsel), for Defendant-Appellant.
Howard R. Relin, District Attorney, Rochester (Daniel P. Majchrzak, Jr., of Counsel), for Plaintiff-Respondent.
Before: Present: Pigott, Jr., P.J., Pine, Hurlbutt, Kehoe, and Hayes, JJ.
ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed ( see People v. Hidalgo, 91 N.Y.2d 733, 737).