Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered February 28, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as People v Davis ([appeal No. 1] 119 AD3d 1383 [July 3, 2014]).
Present — Smith, J.E, Carni, Lindley, Valentino and Whalen, JJ.