Judgment unanimously affirmed (see, People v Gadsden [appeal No. 1] 195 AD2d 1036 [decided herewith]). (Appeal from Judgment of Steuben County Court, Purple, Jr., J.—Attempted Criminal Sale Controlled Substance, 3rd Degree.) Present—Callahan, J. P., Green, Balio, Fallon and Doerr, JJ.