People v. Gardner , 167 A.D.2d 938 ( 1990 )

Judgment unanimously affirmed. Same memorandum as in People v Gardner ([appeal No. 1] 167 AD2d 937 [decided herewith]). (Appeal from judgment of Erie County Court, La Mendola, J. —criminal possession of controlled substance, third degree.) Present—Callahan, J. P., Doerr, Denman, Green and Balio, JJ.