
    The People of the State of New York, Respondent, v Gary Bennett, Jr., Appellant.
    [786 NYS2d 761]
   Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered February 26, 2003. The judgment convicted defendant, upon his plea of guilty, of criminal possession 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.B, Scudder, Kehoe, Smith and Hayes, JJ.  