Judgment unanimously affirmed. Same Memorandum as in People v Spencer ([appeal No. 1] 185 AD2d 695 [decided herewith]). (Appeal from Judgment of Cattaraugus County Court, Kelly, J.—Criminal Possession Controlled Substance, 3rd Degree.) Present—Callahan, J. P., Pine, Balio, Lawton and Doerr, JJ.