People v. Witherspoon (66 A.D.3d 1459, 2009)

Appeal from a judgment of the Livingston County Court (Joan S. Kohout, A.J.), rendered July 11, 2006. The judgment convicted defendant, upon a jury verdict, of criminal sale of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Witherspoon (66 AD3d 1456 [2009]). Present—Martoche, J.P, Centra, Fahey, Peradotto and Green, JJ.