
    The People of the State of New York, Respondent, v Leon D. Hughes, Appellant.
    (Appeal No. 2.)
    [801 NYS2d 208]
   Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered September 13, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree.

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

Same memorandum as in People v Hughes (21 AD3d 1394 [2005]). Present—Pigott, Jr., P.J., Green, Gorski, Smith and Lawton, JJ.  