Majority
p. 1017The People of the State of New York, Respondent, v Darren McCabe, Appellant. [715 NYS2d 364]
—Judgment unanimously affirmed. (Appeal from Judgment of Genesee County Court, Noonan, J. — Criminal Sale Controlled Substance, 3rd Degree.) Present — Green, J. P., Pine, Hayes, Hurlbutt and Kehoe, JJ.