Appeal from a judgment of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), rendered January 18, 2005. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Nichols, 21 AD3d 1273, 1274-1275 [2005], lv denied 6 NY3d 757 [2005]). Present—Scudder, J.P., Kehoe, Smith, Pine and Hayes, JJ.