
    The People of the State of New York, Respondent, v Carl M. Cooper, Appellant.
    (Appeal No. 2.)
    [907 NYS2d 907]
   Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered December 1, 2008. The judgment convicted defendant, upon his plea of guilty, of 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 Cooper (77 AD3d 1417 [2010] [decided herewith]). Present—Centra, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.  