
    The People of the State of New York, Respondent, v Jerome T. Carson, Appellant.
    (Appeal No. 2.)
    [881 NYS2d 349]
   Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered April 21, 2008. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fifth degree.

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

Same memorandum as in People v Carson (64 AD3d 1194 [2009]). Present—Smith, J.E, Fahey, Garni, Pine and Gorski, JJ.  