Appeal from a resentence of the Wayne County Court (John B. Nesbitt, J.), rendered July 22, 2004. Defendant was resentenced following his conviction, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.
It is hereby ordered that the resentence so appealed from be and the same hereby is unanimously affirmed. Present—Scudder, J.P, Gorski, Martoche, Green and Hayes, JJ.