People v. Martinez , 953 N.Y.S.2d 530 ( 2012 )

— 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.