Opinion
No. KA 07-00514.
October 3, 2008.
Appeal from a judgment of the Supreme Court, Erie County (Russell P Buscaglia, A.J.), rendered October 30, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
Before: Scudder, P.J., Hurlbutt, Martoche, Smith and Lunn, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Bostic ( 55 AD3d 1360).