
    The People of the State of New York, Respondent, v David L. Maull, Also Known as Poochie, Appellant.
    (Appeal No. 2.)
    [922 NYS2d 218]
   Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered June 26, 2009. The judgment convicted defendant, upon a jury verdict, 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—Smith, J.P., Centra, Peradotto, Gorski and Martoche, JJ.  