Opinion
No. 867 KA 04-02765.
July 6, 2007.
Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered February 5, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (DAVID M. ABBATOY, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (KELLY CHRISTINE WOLFORD OF COUNSEL), FOR RESPONDENT.
Present — Martoche, J.P., Smith, Centra, Peradotto 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).