Appeal from a judgment of the Ontario County Court (Frederick G. Reed, A.J.), rendered April 5, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree (two counts). It is hereby ordered that said appeal is unanimously dismissed.
Same memorandum as in People v Allen (103 AD3d 1214 [2013]). Present—Smith, J.E, Peradotto, Lindley, Sconiers and Valentino, JJ.