People v. Pena

Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), rendered May 16, 2003. The judgment convicted defendant, after a nonjury trial, of criminal sale of a controlled substance in the second degree and criminal possession of a controlled substance in the third 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, after a nonjury trial, of criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [1]) and criminal possession…