Opinion
No. KA 08-02521.
October 1, 2010.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered December 1, 2008. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS WESTIN-SWAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (SHAWN P. HENNESSY OF COUNSEL), FOR RESPONDENT.
Present — Centra, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.
Same memorandum as in People v Cooper ( 77 AD3d 1417 [decided herewith]).