People v. Foster (38 A.D.3d 1336, 2007)

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J), rendered November 2, 2005. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree (two counts).

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—Gorski, J.P., Martoche, Smith, Lunn and Pine, JJ.