People v Smith
2006 NY Slip Op 05529 [31 AD3d 1214]
July 7, 2006
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 20, 2006


The People of the State of New York, Respondent, v Richard Smith, Appellant.

[*1]Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered January 18, 2005. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third 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—Scudder, J.P., Kehoe, Smith, Pine and Hayes, JJ.