
    The People of the State of New York, Respondent, v Fernando Mojica, Appellant.
    [815 NYS2d 867]
   Appeal from a judgment of the Monroe County Court (John J. Connell, J.), rendered June 11, 2003. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed (see People v Sampel, 23 AD3d 1078 [2005]). Present—Hurlbutt, J.P, Gorski, Martoche, Smith and Hayes, JJ.  