
    The People of the State of New York, Respondent, v Kevin L. Martin, Appellant.
    [825 NYS2d 651]
   Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), rendered September 18, 2003. The judgment convicted defendant, after a nonjury trial, of 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. Present—Gorski, J.E, Martoche, Smith, Green and Pine, JJ.  