Appeal from a judgment of the Supreme Court, Erie County (Russell E Buscaglia, A.J.), rendered April 23, 2008. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fourth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Scudder, EJ., Smith, Garni, Pine and Gorski, JJ.