Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered February 15, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Russell ([appeal No. 1] 128 AD3d 1383 [2015]). Present — Scudder, P.J., Smith, Peradotto, Lindley and DeJoseph, JJ.