
    The People of the State of New York, Respondent, v Devan Simmons, Appellant.
    [9 NYS3d 911]
   Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered March 6, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

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

Present — Smith, J.P., Peradotto, Carni, Valentino and Whalen, JJ.  