Opinion
KA 01-01410
December 30, 2002.
Appeal from a judgment of Niagara County Court (Broderick, Sr., J.), entered June 7, 2001, convicting defendant upon his plea of guilty of attempted criminal sale of a controlled substance in the fifth degree.
JOSEPH F. TOWNSEND, PUBLIC DEFENDER, LOCKPORT (LEONARD G. TILNEY, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
MATTHEW J. MURPHY, III, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, SCUDDER, KEHOE, AND GORSKI, 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).