Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), rendered May 28, 2010. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree (two counts).
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the surcharge and as modified the judgment is affirmed.
Memorandum: In appeal No. 1, defendant appeals...
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