
    The People of the State of New York, Respondent, v Alycia Goldsmith, Appellant.
    [738 NYS2d 924]
   Appeal from a judgment of Erie County Court (Pietruszka, J.), entered April 29, 1999, convicting defendant upon her 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 be and the same hereby is unanimously affirmed (see, People v Patton, 273 AD2d 839, lv denied 95 NY2d 937). Present — Pigott, Jr., P.J., Green, Hurlbutt, Kehoe and Lawton, JJ.  