People v. Ferrucci (67 A.D.3d 1404, 2009)

Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered July 16, 2008. The judgment convicted defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Hurlbutt, J.P., Centra, Fahey, Carni and Pine, JJ.