Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J), rendered February 5, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

*961It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present — Martoche, J.P., Smith, Centra, Peradotto and Pine, JJ.