Opinion
KA 99-1368
June 14, 2002.
Appeal from a judgment of Oneida County Court (Dwyer, J.), entered May 28, 1999, convicting defendant upon his plea of guilty of criminal possession of a controlled substance in the fifth degree.
FRANK J. NEBUSH, JR., PUBLIC DEFENDER, UTICA (ESTHER COHEN LEE OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL A. ARCURI, DISTRICT ATTORNEY, UTICA (CARL J. BOYKIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed ( see People v. Hidalgo, 91 N.Y.2d 733, 737).