
    The People of the State of New York, Respondent, v Michael Gallion, Appellant.
    [825 NYS2d 403]
   Appeal from a judgment of the Supreme Court, Erie County (Joseph S. Forma, J.), rendered February 17, 2005. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Utsey, 7 NY3d 398 [2006]). Present—Hurlbutt, J.P., Smith, Centra and Pine, JJ.  