
    The People of the State of New York, Respondent, v David A. Witherspoon, Appellant.
    (Appeal No. 2.)
    [885 NYS2d 702]
   Appeal from a judgment of the Livingston County Court (Joan S. Kohout, A.J.), rendered July 11, 2006. The judgment convicted defendant, upon a jury verdict, of criminal sale 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 Witherspoon (66 AD3d 1456 [2009]). Present—Martoche, J.P, Centra, Fahey, Peradotto and Green, JJ.  