
    The People of the State of New York, Respondent, v Harold Ferrucci, Appellant.
    [887 NYS2d 887]
   Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered July 16, 2008. The judgment convicted defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Hurlbutt, J.P., Centra, Fahey, Carni and Pine, JJ.  