
    The People of the State of New York, Respondent, v Excell J. Marks, Appellant.
    [944 NYS2d 712]
   Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered May 17, 2010. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present — Scudder, PJ., Smith, Fahey and Sconiers, JJ.  