| People v Bennett |
| 2004 NY Slip Op 09985 [13 AD3d 1217] |
| December 30, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Gary Bennett, Jr., Appellant. |
—[*1]Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered February 26, 2003. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Hurlbutt, J.P., Scudder, Kehoe, Smith and Hayes, JJ.