
    The People of the State of New York, Respondent, v Deron Bostic, Appellant.
    (Appeal No. 3.)
    [864 NYS2d 358]
   Appeal from a judgment of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), rendered October 30, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Bostic (55 AD3d 1360 [2008]). Present—Scudder, P.J., Hurlbutt, Martoche, Smith and Lunn, JJ.  