Majority
p. 762The People of the State of New York, Respondent, v Kenneth Gaston, Appellant. (Appeal No. 2.)
Judgment unanimously affirmed. Same memorandum as in People v Gaston ( 83 AD2d 761 ). (Appeal from judgment of Erie Supreme Court, Kasler, J. — criminal possession controlled substance, fifth degree.) Present — Cardamone, J.P., Callahan, Doerr, Denman and Moule, JJ.