Appellate Division of the Supreme Court of the State of New York April 28, 2017 (People v. Smith)

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered March 17, 2015. The judgment convicted defendant, upon his plea of guilty, of menacing in the second degree (two counts).

It is hereby ordered that said appeal is unanimously *1586dismissed (see People v Mackey, 79 AD3d 1680, 1681 [2010], lv denied 16 NY3d 860 [2011]).

Present — Peradotto, J.P.