Appellate Division of the Supreme Court of the State of New York February 11, 2010 (People v. Smalls)

*1329Appeal from a judgment of the Erie County Court (Michael E Pietruszka, J.), rendered April 25, 2008. The judgment convicted defendant, upon a jury verdict, of assault in the first degree and endangering the welfare of a child.

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