—[*1] Leanne Lapp, Public Defender, Canandaigua, the Abbatoy Law Firm PLLC, Rochester (David M. Abbatoy, Jr., of counsel), for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (Kathleen Ann Hart of counsel), for respondent.

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Ontario County Court (Frederick G. Reed, A.J.), dated March 29, 2011. The order denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree.

It is hereby ordered that the order so appealed from is unanimously affirmed for reasons stated in the decision at County Court. Present—Smith, J.P., Peradotto, Lindley, Sconiers and Valentino, JJ.