Majority
p. 1030The People of the State of New York, Respondent, v Kim Carter, Appellant. [672 NYS2d 1022]
—Judgment unanimously affirmed (see, People v Saunders, 190 AD2d 1092 , 1093, Iv denied 81 NY2d 1019 ). (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. — Attempted Criminal Possession Controlled Substance, 5th Degree.) Present — Pine, J. P., Lawton, Wisner, Callahan and Fallon, JJ.