People v. Davis

Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), rendered September 9, 2003. The judgment convicted defendant, upon his plea of guilty, of criminal sale 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.

Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31). Defendant entered the plea after his jury trial on the charge of criminal possession of a…