Appeal from a judgment of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), rendered October 30, 2006. The judg*1361ment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Bostic (55 AD3d 1360 [2008]). Present—Scudder, P.J., Hurlbutt, Martoche, Smith and Lunn, JJ.