*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 399

KA 09-02164

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

V MEMORANDUM AND ORDER TERRANCE B. HINES, ALSO KNOWN AS “T,”

DEFENDANT-APPELLANT.

WILLIAM G. PIXLEY, ROCHESTER, FOR DEFENDANT-APPELLANT.

JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (ROMOLO CANZANO OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Cayuga County Court (Stephen R.

Sirkin, A.J.), rendered October 14, 2009. 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.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). Contrary to the contention of defendant, the record establishes that he was sentenced in accordance with the terms of the plea bargain ( see People v Green , 277 AD2d 970, lv denied 96 NY2d 759). By pleading guilty, defendant forfeited his further contention with respect to the People’s alleged violation of CPL 160.50 ( see generally People v Nunez , 73 AD3d 1469, lv denied 15 NY3d 808).

Entered: March 25, 2011 Patricia L. Morgan

Clerk of the Court