Opinion
November 8, 1996.
Before: Present — Pine, J.P., Fallon, Callahan, Balio and Davis, JJ .
Judgment unanimously affirmed ( see, People v Saunders, 190 AD2d 1092, 1093, lv denied 81 NY2d 1019). (Appeal from Judgment of Erie County Court, McCarthy, J. — Criminal Possession Controlled Substance, 5th Degree.)