¶1Appeal from a judgment of the Herkimer County Court (Patrick L. Kirk, J.), rendered September 30, 2003. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.
¶2It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
¶3Same memorandum as in People v Heinig (21 AD3d 1297 [2005]). Present—Green, J.P., Scudder, Kehoe, Smith and Lawton, JJ.