Majority
p. 1094The People of the State of New York, Respondent, v Jose Portella, Appellant.
— Judgment unanimously affirmed (see, People v Saunders [appeal No. 1], 190 AD2d 1092 [decided herewith]). Memorandum: We add only that, were we to review the issue whether the sentence was harsh and excessive, we would conclude that it lacks merit. (Appeal from Judgment of Erie County Court, D’Amico, J. — Criminal Possession Controlled Substance, 3rd Degree.) Present — Pine, J. P., Fallon, Boomer, Davis and Boehm, JJ.