*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 991

KA 10-01110

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, SCONIERS, AND GORSKI, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V ORDER JOSEPH D. FAYETTE, DEFENDANT-APPELLANT.

BETZJITOMIR & BAXTER, LLP, BATH (TERRENCE BAXTER OF COUNSEL), FOR DEFENDANT-APPELLANT.

CINDY F. INTSCHERT, DISTRICT ATTORNEY, WATERTOWN (KRISTYNA S. MILLS OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Jefferson County Court (Kim H.

Martusewicz, J.), rendered May 10, 2010. The judgment convicted defendant, upon his plea of guilty, of 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 Watts , 78 AD3d 1593, lv denied 16 NY3d 838).

Entered: September 30, 2011 Patricia L. Morgan

Clerk of the Court