Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered December 1, 2008. The judgment convicted defendant, upon his plea of guilty, of 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 Cooper (77 AD3d 1417 [2010] [decided herewith]). Present—Centra, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.