
    The People of the State of New York, Respondent, v Richard Smith, Appellant.
    [817 NYS2d 559]
   Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered January 18, 2005. The judgment convicted defendant, upon his plea of guilty, of criminal possession 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 (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Scudder, J.P., Kehoe, Smith, Pine and Hayes, JJ.  