                           State of New York
                    Supreme Court, Appellate Division
                       Third Judicial Department
Decided and Entered: July 31, 2014                      105701
________________________________

THE PEOPLE OF THE STATE OF
   NEW YORK,
                    Respondent,
      v                                      MEMORANDUM AND ORDER

KEITH H. SMITH,
                    Appellant.
________________________________


Calendar Date:    June 9, 2014

Before:   Peters, P.J., Stein, Rose, Lynch and Clark, JJ.

                              __________


     G. Scott Walling, Queensbury, for appellant.

      J. Anthony Jordan, District Attorney, Fort Edward (Sara E.
Fischer of counsel), for respondent.

                              __________


      Appeal from a judgment of the County Court of Washington
County (McKeighan, J.), rendered November 16, 2012, convicting
defendant upon his plea of guilty of the crimes of criminal sale
of a controlled substance in the third degree (two counts) and
criminal possession of a controlled substance in the third degree
(two counts).

     Judgment affirmed.     No opinion.

     Peters, P.J., Stein, Rose, Lynch and Clark, JJ., concur.
                        -2-                  105701

ORDERED that the judgment is affirmed.




                       ENTER:




                       Robert D. Mayberger
                       Clerk of the Court
