¶1Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered April 21, 2008. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fifth degree.
¶2It is hereby ordered that the judgment so appealed from is unanimously affirmed.
¶3Same memorandum as in People v Carson (64 AD3d 1194 [2009]). Present—Smith, J.E, Fahey, Garni, Pine and Gorski, JJ.