Majority
p. 950The People of the State of New York, Respondent, v Deshawnte Waller, Appellant. (Appeal No. 3.) [732 NYS2d 210]
—Judgment unanimously affirmed. Same Memorandum as in People v Waller ([appeal No. 1] 288 AD2d 950 [decided herewith]). (Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Criminal Possession Controlled Substance, 2nd Degree.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Kehoe and Lawton, JJ.