Decided Aug. 28, 2009
Before Scudder, P.J.; Fahey, Peradotto, Carni and Green, JJ.

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered April 3, 2008. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the first degree and assault in the third degree.

Susan V. Tipograph, New York City, for Defendant-Appellant.