Majority
p. 974The People of the State of New York, Respondent, v Mark Herman, Appellant. [716 NYS2d 630]
—Judgment unanimously affirmed for reasons stated in decision at Supreme Court, Mark, J. (Appeal from Judgment of Supreme Court, Monroe County, Mark, J. — Attempted Criminal Possession Controlled Substance, 5th Degree.) Present — Pigott, Jr., P. J., Green, Hayes, Scudder and Kehoe, JJ.