Majority
p. 968The People of the State of New York, Respondent, v Jose Ramon Pena, Also Known as Ramon Emilio Arias, Appellant. [612 NYS2d 1018]
—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. — Criminal Possession Controlled Substance, 2nd Degree.) Present — Green, J. P., Pine, Balio, Fallon and Doerr, JJ.