Appellate Division of the Supreme Court of the State of New York March 6, 2003 (People v. Rodriguez)

—Cardona, P. J.

Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered July 2, 2001, convicting defendant upon his plea of guilty of the crimes of criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree and criminally using drug paraphernalia in the second degree (two counts), and of the