Majority
p. 987The People of the State of New York, Respondent, v Robert Flakes, Also Known as Phillip Terry, Appellant. (Appeal No. 2.)
Judgment unanimously affirmed. (See People v Johnson, 64 AD2d 821 .) (Appeal from judgment of Erie Supreme Court, Flynn, J. — criminal sale of a controlled substance, fifth degree.) Present — Simons, J. P., Hancock, Jr., Doerr, Den-man and Moule, JJ.