Appellate Division of the Supreme Court of the State of New York July 9, 2004, Appeal No. 3 (People v. Davis)

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered August 7, 2002. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Pine, J.P.