
    The People of the State of New York, Respondent, v Todd C. Spicer, Appellant.
    [844 NYS2d 736]
   Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered January 10, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted 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 (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Gorski, J.P., Martoche, Smith, Peradotto and Green, JJ.  