
    The People of the State of New York, Respondent, v Walter Miller, Appellant.
    [879 NYS2d 768]
   Appeal' from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered December 10, 2007. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Martoche, J.E, Smith, Centra, Fahey and Pine, JJ.  