
    The People of the State of New York, Respondent, v Carl D. Nimmons, Appellant.
    (Appeal No. 3.)
    [810 NYS2d 702]
   Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered April 12, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Same memorandum as in People v Nimmons (27 AD3d 1186 [2006]). Present—Pigott, Jr., P.J., Hurlbutt, Scudder, Kehoe and Hayes, JJ.  