
    The People of the State of New York, Respondent, v Walter Matthis, Appellant.
    [877 NYS2d 713]
   Appeal from a judgment of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered March 3, 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—Smith, J.P., Centra, Fahey, Garni and Gorski, JJ.  