Majority
p. 977The People of the State of New York, Respondent, v Alex Incillo, Appellant.
Judgment unanimously affirmed (see, People v Depeyster, 115 AD2d 613 ; People v Sirianni, 89
p. 978
AD2d 775 ). (Appeal from judgment of Supreme Court, Erie County, Flynn, J. — criminal possession of controlled substance, fourth degree.) Present — Denman, J. P., Boomer, Green, Law-ton and Davis, JJ.