Majority
p. 939The People of the State of New York, Respondent, v Teognis Ruiz, Appellant. [661 NYS2d 551]
—Judgment unanimously affirmed (see, People v Saunders, 190 AD2d 1092 , 1093, Iv denied 81 NY2d 1019 ). (Appeal from Judgment of Supreme Court, Erie County, Tills, J.—Criminal Possession Controlled Substance, 2nd Degree.) Present—Denman, P. J., Green, Law-ton, Balio and Fallon, JJ.