Majority
p. 968The People of the State of New York, Respondent, v Douglas Bennett, Appellant. [610 NYS2d 910]
Judgment unanimously affirmed (see, People v Saunders, 190 AD2d 1092 , 1093, Iv denied 81 NY2d 1019 ). (Appeal from Judgment of Erie County Court, LaMendola, J. — Attempted Criminal Possession Controlled Substance, 3rd Degree.) Present — Denman, P. J., Pine, Fallon, Callahan and Davis, JJ.