People v. Hughes — 21 A.D.3d 1394

Majority

p. 1394

The People of the State of New York, Respondent, v Leon D. Hughes, Appellant.

(Appeal No. 2.)

[801 NYS2d 208]

p. 1395

Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered September 13, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Same memorandum as in People v Hughes (21 AD3d 1394 [2005]). Present—Pigott, Jr., P.J., Green, Gorski, Smith and Lawton, JJ.