
    The People of the State of New York, Respondent, v Theo L. McCullough, Appellant.
    [849 NYS2d 869]
   Appeal from a judgment of the Monroe County Court (John R. Schwartz, A.J.), rendered April 18, 2005. The judgment convicted defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Hurlbutt, J.P., Smith, Centra, Lunn and Fahey, JJ.  