
    The People of the State of New York, Respondent, v Robbie L. Allen, Appellant.
    (Appeal No. 1.)
    [958 NYS2d 914]
   Appeal from a judgment of the Ontario County Court (Frederick G. Reed, A.J.), rendered April 5, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree (two counts).

It is hereby ordered that said appeal is unanimously dismissed.

Same memorandum as in People v Allen (103 AD3d 1214 [2013]). Present—Smith, J.E, Peradotto, Lindley, Sconiers and Valentino, JJ.  