Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered December 4, 1979, convicting defendant upon his plea of guilty of the "crime of criminal possession of a controlled substance in the third degree. Judgment affirmed. No opinion. Kane, J.P., Main, Casey and Yesawich, Jr., JJ., concur; Mikoll, J., dissents and votes to reverse in the following memorandum.