— Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered Januaiy 12, 2010. The judgment convicted defendant, upon his plea of guilty, of 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 — Smith, J.P., Fahey, Carni, Sconiers and Martoche, JJ.