People v. Conklin

26 A.D.3d 766, 807 N.Y.S.2d 912

Opinion

Appeal from a judgment of the Herkimer County Court (Patrick L. Kirk, J), rendered December 20, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second 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 plea of guilty of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [2]). We affirm for reasons stated in the decision at the suppression court (Patrick L. Kirk, J.). We add only that the sentence is not unduly harsh or severe. Present—Pigott, Jr., P.J., Hurlbutt, Gorski, Green and Hayes, JJ.