| People v Hughes |
| 2005 NY Slip Op 07173 [21 AD3d 1394] |
| September 30, 2005 |
| 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 Leon D. Hughes, Appellant. (Appeal No. 2.) |
—[*1]Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered September 13, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal sale 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.
Same memorandum as in People v Hughes (21 AD3d 1394 [2005]). Present—Pigott, Jr., P.J., Green, Gorski, Smith and Lawton, JJ.