Opinion
KA 05-00540.
March 17, 2006.
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, J.), rendered July 13, 2004. The judgment convicted defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree.
DAVID P. ELKOVITCH, AUBURN, FOR DEFENDANT-APPELLANT.
JAMES B. VARGASON, DISTRICT ATTORNEY, AUBURN (SAMUEL J. FINNESSEY, JR., OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Pigott, Jr., P.J., Kehoe, Martoche, Smith and Pine, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed ( see People v. Hidalgo, 91 NY2d 733, 737).