Appellate Division of the Supreme Court of the State of New York November 9, 2007, Appeal No. 2 (People v. Gaines)

Appeal from a judgment of the Supreme Court, Monroe County (Stephen R. Sirkin, A.J.), rendered December 3, 2003. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.

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

*1405Same memorandum as in People v Gaines (45 AD3d 1404 [2007]).