
    The People of the State of New York, Respondent, v James Maxwell, Appellant.
    [807 NYS2d 896]
   Appeal from a judgment of the Supreme Court, Monroe County (David D. Egan, J.), rendered April 29, 2003. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Hurlbutt, J.P., Scudder, Gorski, Green and Hayes, JJ.  