Opinion
KA 04-00512.
February 4, 2005.
Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered January 15, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.
Present: Pigott, Jr., P.J., Green, Hurlbutt, Kehoe 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; People v. Watkins, 261 AD2d 962, lv denied 93 NY2d 981).