Opinion
February 4, 1998
Present — Denman, P.J., Lawton, Balio, Boehm and Fallon, JJ.
Judgment unanimously affirmed ( see, People v. Saunders, 190 A.D.2d 1092, 1093, lv denied 81 N.Y.2d 1019). (Appeal from Judgment of Supreme Court, Erie County, Howe, J. — Attempted Criminal Sale Controlled Substance, 3rd Degree.)