Opinion
Filed May 2, 2001.
Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. — Attempted Criminal Sale Controlled Substance, 3rd Degree.
PRESENT: GREEN, J.P., HAYES, SCUDDER, BURNS AND LAWTON, JJ.
Judgment unanimously affirmed ( see, People v. Hidalgo, 91 N.Y.2d 733, 737).