Appellate Division of the Supreme Court of the State of New York September 30, 2005 (People v. Smith)

Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered March 2, 2004. The judgment convicted defendant, upon his plea of guilty, of assault in the first degree and gang assault in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.