—Judgment unani*921mously reversed on the law and indictment dismissed (see, People v Acevedo, 192 AD2d 1094, lv denied 81 NY2d 1010). (Appeal from Judgment of Erie County Court, Drury, J.— Criminal Sale Controlled Substance, 1st Degree.) Present— Denman, P. J., Balio, Fallon, Doerr and Davis, JJ. (Filed Sept. 27, 1993.)